Fraud & Dishonesty Offences | KDC Legal

FRAUD & DISHONESTY OFFENCES

If you are facing a criminal investigation or you have been charged with an offence, obtaining clear, practical advice from an experienced criminal and regulatory lawyer is essential.

Getting KDC Legal involved early will ensure the best possible outcome and in some cases can prevent matters proceeding to Court.

KDC Legal offers a free initial strategy consultation to allow us to understand your matter, provide you with initial guidance and help you understand how we can assist you through the matter

Fraud & Dishonesty Offences in Queensland

Understanding fraud, stealing, and other dishonesty offences under the Criminal Code Act 1899.

Fraud and dishonesty offences cover a wide range of conduct, from straightforward theft through to complex financial deception, misuse of property, and cyber‑enabled offending. These offences are treated seriously by Queensland courts because they often involve breaches of trust, financial loss, or deliberate deception.

The Criminal Code contains numerous dishonesty offences, but the most commonly prosecuted include:

Fraud (s 408C)
Stealing (s 391)
Receiving tainted property (s 433)
Forgery and uttering (s 488–489)
Fraudulent falsification of records (s 430)
Dishonest use of a computer (s 408E)

If you’ve been charged or are under investigation, understanding the elements of these offences — and the potential penalties — is essential.

What Is “Dishonesty” Under Queensland Law?

Unlike some jurisdictions, the Criminal Code does not define “dishonesty” in a single section. Instead, dishonesty is assessed using ordinary community standards.

A person acts dishonestly if their conduct would be considered dishonest by the standards of ordinary, decent people, even if they personally believed it was justified.

Dishonesty can include:

Deception
Misappropriation
Failing to disclose information
Taking property without consent
Using property for an unauthorised purpose
Manipulating digital systems or records

Fraud (s 408C Criminal Code)

Fraud is one of Queensland’s most flexible and wide‑ranging dishonesty offences. A person commits fraud if they dishonestly:

Apply property belonging to another
Obtain property from another
Induce a person to deliver property
Gain a benefit or advantage
Cause a detriment
Make off without payment
Cause a financial risk to another person

Fraud can be committed with or without deception, and with or without physical property.

Examples of Fraud

Misusing company funds
Claiming benefits or payments you’re not entitled to
Using someone else’s credit card
Falsifying invoices or financial records
Overcharging clients
Taking deposits and failing to supply goods
“Dine and dash” or leaving without paying for services
Online scams or identity‑based fraud

Elements the Prosecution Must Prove

The prosecution must prove beyond reasonable doubt that:

The accused engaged in one of the listed dishonest acts, and
The conduct was dishonest, and
The accused intended to gain a benefit, cause a detriment, or apply property.

Maximum Penalty

Fraud carries significant penalties:

5 years imprisonment — base offence

14 years imprisonment — if:

The offender is an employee
The property belonged to their employer
The amount involved is $30,000–$100,000

20 years imprisonment — if:

The amount involved is $100,000+, or
The offender is a director, trustee, or person in a position of trust

Courts treat fraud involving breach of trust, sophisticated planning, or large sums as particularly serious.

Common Defences

Honest claim of right
Lack of dishonesty
Mistake
Lack of intent
Duress
Identity issues
Insufficient evidence of financial loss or benefit

Stealing (s 391 Criminal Code)

A person steals if they fraudulently take or fraudulently convert property belonging to another.

Examples of Stealing

Stealing includes:

Taking property without consent
Keeping lost property without attempting to return it
Using property for an unauthorised purpose
Keeping money mistakenly deposited into your account

Maximum Penalty

5 years imprisonment — general stealing
10 years — if the property is a firearm, livestock, or taken with violence
14 years — if the offender is an employee and the property belongs to their employer

Receiving Tainted Property (s 433 Criminal Code)

A person commits this offence if they receive, possess, or dispose of property they know (or have reason to believe) is stolen or unlawfully obtained.

Maximum Penalty

14 years imprisonment

This offence often arises in connection with burglary, theft, or organised property crime.

Forgery & Uttering (s 488–489 Criminal Code)

Forgery involves making a false document with intent to defraud. Uttering involves passing off a forged document as genuine.

Examples include:

Fake signatures
Altered contracts
Fraudulent medical certificates
Counterfeit cheques
False identification documents

Maximum Penalty

14 years imprisonment

Fraudulent Falsification of Records (s 430 Criminal Code)

This offence applies where a person falsifies, destroys, or alters records with intent to defraud.

Examples include:

Manipulating accounting records
Deleting financial data
Creating false entries in business systems

Maximum Penalty

7 years imprisonment

Computer Hacking & Misuse (s 408E Criminal Code)

This offence covers unauthorised access, modification, or impairment of computer systems or data.

Examples include:

Accessing another person’s online accounts
Altering digital records
Installing malware
Unauthorised use of business systems

Maximum Penalties

5 years imprisonment — base offence
10 years — if the conduct causes or risks serious harm
14 years — if the conduct endangers life or public safety

Police Interviews, Charges & Your Rights

Fraud and dishonesty investigations often involve:

Search warrants
Seizure of devices
Requests for financial records
Interviews with police or investigators
Forensic accounting analysis

You have the right to:

Silence
Legal advice before speaking to police
Representation during interviews

Dishonesty offences often turn on intent, knowledge, and documentation, so early legal advice is critical.

Sentencing for Assault Offences in Queensland

Courts consider:

The amount of money involved
Whether the conduct was planned or sophisticated
Whether the offender was in a position of trust
The impact on victims
Restitution or repayment
Criminal history
Personal circumstances
Early pleas and cooperation

Outcomes can include:

No conviction recorded
Fines
Restitution orders
Probation
Community service
Suspended sentences
Intensive corrections orders
Actual imprisonment

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