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If you have been charged or undergoing investigation for fraud or related charges, getting prompt legal advice is essential. People who leave this for too long usually later regret it.
If you have been charged or undergoing investigation for fraud or related charges you’re on a long, hard road. Yes, you would expect us to say, get legal help, and in these circumstances you want to get it super quick. These types of matters rely heavily on the investigative powers of Queensland Police and you need our involvement to ensure that the investigation is happening lawfully and does not prejudice your legal position. People who leave this for too long usually later regret it.
Fraud and related charges are very serious. They are the types of matters that can become ever more complex if you haven’t engaged quality legal help to ensure investigations are occurring both in line with the relevant Police powers, but also in conjunction with your legal team. The earlier we’re involved, the better you’re outcome, it really is as simple as that.
You can read all about it here: Sections 408C of the Criminal Code Queensland states:
But basically, to prove fraud, the Queensland Police need to prove one of the following beyond reasonable doubt:
(a) The accused applied to his or her own use
(i) property belonging to another
(ii) property belonging to the accused, or which is in the accused’s possession, either solely or jointly with another person, subject to a trust, direction or condition or on account of any other person.
“Applied” means taking or using another’s property for the accused’s own purposes. Or
(b) The accused obtained the property from any person.
“Obtain” includes to get, gain, receive or acquire in any way (s 408C (3) (e)) Or
(c) the accused induced any person to deliver property to any person. Or
(d) The accused gained a benefit or advantage, pecuniary or otherwise, to any person. Or
(e) The accused caused a detriment, pecuniary or otherwise, to any person. Or
(f) The accused induced any person to do an act which the person was lawfully entitled to abstain from doing. Or
(g) The accused induced any person to abstain from doing an act which the person was lawfully entitled to do. Or
(h) the accused made off knowing that payment on the spot was required or expected for property lawfully supplied or returned or any service lawfully provided, without having paid and with intent to avoid payment.
Now, importantly to prove the accused acted dishonestly the prosecution must prove that what you did was dishonest by the standards of an ordinary honest person and that you realised that your actions were dishonest by that standard.
The million dollar question that simply can’t be answered because we don’t know the full circumstances of your situation or the charges that have been brought or might be brought against you.
We don’t miss a Trick! If you’re in hot water, you need Hannay Lawyers. We can help you Queensland-wide, see all of our locations.
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