Facing Serious Fraud Charges in Qld?

Under section 408C of the Criminal Code (Qld), a person commits fraud if they dishonestly:

• apply property to their own use,

• obtain property, benefits, or financial advantage by deception, or

• cause another person financial loss or detriment.

Fraud can cover a wide range of dishonest conduct, such as misappropriation of funds, identity fraud, false representation, or failing to disclose information for financial gain.

Fraud is treated as a very serious offence in Queensland. The maximum penalty depends on the circumstances:

• 5 years’ imprisonment – standard maximum penalty.

• 14 years’ imprisonment – where aggravating factors apply, such as:

  • the offender is a director or officer of a corporation and the corporation is the victim,

  • the offender is an employee of the victim,

  • the offender is an employer of the victim, or

  • the fraud involves property, benefit, or detriment valued between $30,000 and $100,000.

• 20 years’ imprisonment – where the fraud involves $100,000 or more, or where the offender is found to be carrying on the business of committing fraud.

When sentencing, the court looks at:

• the scale and complexity of the scheme,

• the amount of loss or detriment caused,

• whether the accused held a position of trust, and

• any prior criminal history.

Our Brisbane criminal defence lawyers take a strategic approach to fraud matters, carefully analysing the evidence to build the strongest case. Common defences include:

• Lack of dishonesty – your conduct was not dishonest by the standards of ordinary people.

• Mistake of fact – you honestly believed that you had a legal right to the property or benefit.

• Insufficient evidence – the prosecution cannot prove the case beyond reasonable doubt, including the identity of the person committing the offence.

In some cases, negotiations with the prosecution may result in charges being reduced or withdrawn.

If you have been charged with fraud, it is important to:

• Avoid discussing the matter with anyone other than your lawyer.

• Preserve any relevant evidence, including emails, documents, and mobile data.

• Refrain from making further financial transactions related to the allegations.

• Do not contact the complainant or potential witnesses.

• Ensure you know your next court date and location.

• Seek legal advice as early as possible.

The first stages of a fraud case are critical. Our experienced Brisbane criminal lawyers will review the evidence in detail and provide a tailored defence strategy to protect your future.

📞 Call (07) 3012 6531 now for confidential advice.

Not everyone convicted of fraud in Queensland goes to prison, but the offence is treated very seriously under section 408C of the Criminal Code (Qld).

• The maximum penalty is 5 years, or up to 14 or 20 years if aggravating factors apply (such as being an employee or director, or if the amount involved is over $30,000).

• Whether someone is actually sentenced to prison depends on:

  • the amount of money or property involved,

  • the level of planning or dishonesty,

  • whether the accused was in a position of trust,

  • whether the offence was a one-off mistake or part of an ongoing scheme, and

  • the person’s criminal history (if any).

For first-time offenders or cases involving smaller amounts, courts sometimes impose non-custodial penalties such as probation, community service, or fines. It may also be possible to mediate charges.

However, in large-scale, high-value, or sophisticated fraud cases, prison is a real possibility.

Early legal advice is crucial. An experienced fraud lawyer can negotiate with the prosecution, highlight mitigating factors, and put forward submissions to reduce the risk of imprisonment.

A fraud charge can have serious consequences for your work and career. In some industries, particularly those that involve trust, money handling, or professional registration, the impact can be immediate.

Professions such as lawyers, doctors, accountants, teachers, and anyone who holds a Blue Card often have a duty to notify their regulator if they are charged. This can lead to suspension, disciplinary proceedings, or loss of registration, even before a case is finalised.

A conviction for fraud will usually appear on a criminal history check and can limit opportunities in roles that involve responsibility for money, confidential information, or positions of trust.

If you are facing a fraud charge, getting legal advice early can make a real difference.

The right advice can help you manage reporting obligations and protect your career while the case is before the courts.