What Are Fraud Charges in Queensland? | Cridland & Hua
What Are Fraud Charges in Queensland?
Fraud is one of the most complex and serious offences under Queensland law. It often involves allegations of deception, dishonesty, or financial misconduct — and even a single conviction can have life-changing consequences.
In this article, we explain what fraud means legally, how it’s charged, what penalties apply, and the defences that may be available.
The Legal Definition of Fraud
In Queensland, fraud is defined under Section 408C of the Criminal Code 1899 (Qld). The law describes fraud broadly as conduct involving dishonesty — for example, using deceit or false pretences to gain a benefit or cause a loss.
Common forms of fraud include:
- Misusing company or client funds
- Submitting false expense or insurance claims
- Identity theft and online scams
- Centrelink or tax benefit fraud
- Dishonest conduct as a company director or employee
The prosecution must prove that the person acted dishonestly and intended to gain an advantage or cause a detriment. Both elements must be proven beyond reasonable doubt.
How Fraud Differs From Theft
While both fraud and theft involve dishonesty, the key distinction lies in how the benefit or property was obtained.
- Theft generally involves physically taking something without consent.
- Fraud involves gaining a benefit or causing loss through deception — for example, manipulating records, providing false information, or exploiting trust.
Because fraud often takes place within professional or digital contexts, it can attract higher penalties and reputational consequences than simple theft.
Penalties for Fraud in Queensland
Fraud is an indictable offence, meaning it can be heard in the District Court or, for less serious matters, in the Magistrates Court.
The penalties depend on several factors:
| Circumstance | Maximum Penalty |
|---|---|
| General fraud | 5 years imprisonment |
| Involving property or benefit between $30,000–$100,000 | 14 years imprisonment |
| Value or detriment of $100,000 or more, or committed in a position of trust | 20 years imprisonment |
Sentencing courts also consider:
- The value of the benefit or loss
- The level of planning or sophistication
- Whether the accused held a position of trust
- Prior criminal history
- Remorse and restitution efforts
Even where prison is avoided, a conviction for dishonesty can prevent you from holding certain jobs, travelling overseas, or continuing in regulated professions.
What Happens If You’re Charged?
If you are charged with fraud, the police or prosecuting authority will usually issue a Notice to Appear or execute an arrest warrant. You’ll be required to attend court, starting with a mention in the Magistrates Court, where bail and disclosure orders are addressed.
Because these matters are document-heavy and fact-sensitive, your lawyer will:
- Request full disclosure of evidence, including statements and financial records.
- Examine whether the prosecution can prove dishonesty and intention.
- Identify inconsistencies or errors in forensic accounting or digital evidence.
- Advise on whether to plead guilty, negotiate a reduced charge, or defend the matter at trial.
Possible Defences to Fraud
Defending a fraud charge requires technical and legal precision. Common defences include:
- Lack of dishonesty: You acted in good faith or believed you were entitled to the benefit.
- Mistake or misunderstanding: The issue arose from error, not deceit.
- Lack of intent: You didn’t intend to gain a benefit or cause a loss.
- Duress: You were pressured or coerced into the conduct.
- Insufficient evidence: The prosecution cannot prove all required elements.
In some cases, it may be appropriate to negotiate for a plea to a lesser offence, such as false accounting or breach of duty, rather than fraud.
Why Early Legal Advice Matters
Fraud charges are rarely straightforward. They often involve months (or years) of documentation and investigation before charges are even laid. Getting legal advice early — even during the investigation stage — can significantly improve your outcome.
At Cridland & Hua, we:
- Review the strength of the prosecution case
- Manage communications with investigators and regulators
- Advise on bail and travel restrictions
- Negotiate with prosecutors for charge withdrawal or reduction
- Represent you at all stages of the criminal process
Contact Our Brisbane Fraud Lawyers
If you’ve been accused of fraud or believe you’re under investigation, don’t wait for charges to escalate. Our experienced fraud lawyers can help protect your rights and guide you through every stage of the process.
📞 Call Cridland & Hua on (07) 3210 0500 or contact us online for confidential legal advice.
Disclaimer: This article is for general information only and does not constitute legal advice. Always seek professional legal advice for your specific situation.
