Fraud and Theft Offences

AJ Faisal
April 30, 2022

What is Armed Robbery?

In general meaning, Armed Robbery means stealing with threat to cause violence while being armed with weapon which can be anything from just a stick to a gun. There are 3 elements to this offence. The prosecution needs to prove that you stole/took something which is owned by someone else without the owner’s consent, and you threatened violence, and you were armed. In the previous statement, you includes you and anyone who is accompanying you.

What is Stealing?

Stealing in general meaning is taking something which lawfully owned or in possession of someone else. You could be charged with stealing for taking your own thing the item is lawfully possessed by someone else. For example, you rented out your bicycle to ride to a friend, and then you took the bicycle without his knowledge or consent.

What is Fraud?

… coming soon…

What is Grievous Bodily Harm and Common Assault

Criminal Code 1899 (Qld) stats,

Fraud

408C FRAUD

(1) A person who dishonestly—
(a) applies to his or her own use or to the use of any person—
(i) property belonging to another; or
(ii) property belonging to the person, or which is in the person’s possession, either solely or jointly with another person, subject to a trust, direction or condition or on account of any other person; or
(b) obtains property from any person; or
(c) induces any person to deliver property to any person; or
(d) gains a benefit or advantage, pecuniary or otherwise, for any person; or
(e) causes a detriment, pecuniary or otherwise, to any person; or
(f) induces any person to do any act which the person is lawfully entitled to abstain from doing; or
(g) induces any person to abstain from doing any act which that person is lawfully entitled to do; or
(h) makes off, knowing that payment on the spot is required or expected for any property lawfully supplied or returned or for any service lawfully provided, without having paid and with intent to avoid payment;
commits the crime of fraud.
Penalty—
Maximum penalty—5 years imprisonment.
…. Read Complete Act HERE

Need Legal Advice?

You may have arguable defence to challenge your charges but it might be best if you seek legal advice before that. This article contains only the crux, there are more important information you need to know if you proceed to challenge. Failing to prove your point in the court may result harsher sentence and will have to pay Offender Levy.

THIS IS A BLOG POST Every case is Unique. Small difference can make huge distinction in Criminal matters. You should contact me if you need legal advice specific to your matter. Call - 07 31 033 044

About AJ Faisal

Every case is unique, I possess a distinct talent for uncovering often-overlooked facts, an open mind that allows for creative problem-solving, and a strong ability to think outside the box. I empathize with individuals facing police charges, and I consider it my duty to secure the best possible outcome for the defendant.

I am A J Faisal and I have completed my law degree at the University of Southern Queensland. I am passionate about criminal defence and I gained valuable experience by working as a Law Clerk and shadowing Mr Mackenzie for more than 3 years. Ken is an accredited criminal defence lawyer with more than 23 years of experience in practice. I am a solicitor in the State of Queensland. Retain me for your criminal matter.

These are blog posts and are not advice and please do not consider any of my blog posts as legal advice. These are merely to get basic and general ideas.

Read More Blog Posts

White Collar Frauds

January 3, 2024

What is white collar fraud? A defence lawyer experienced with white collar fraud charges holds high level of technical knowledge.

Sexual Assault Brisbane Criminal Lawyers

Hiring Underage Escort

November 20, 2023

What will happen if it turns out that the escort a person hired was under 16 years of age?

Stealing or Fraud as Power of Attorney

November 15, 2023

What happens If a person with power of attorney misuses the funds entrusted to them, it is Stealing.

Breaching Bail Overseas or Having Arrest Warrant in Foreign Country

November 5, 2023

If you have escaped to Australia while having an arrest warrant overseas or breached bail in a foreign country, you may be in bigger trouble than you think.

Criminal Lawyers in Brisbane Free Advice

Cheap Fixed Fee Criminal Lawyers in Brisbane

September 30, 2023

For my practice, I decided to offer a fixed fee service just because I think that is best for my clients. If my estimate is wrong, and I have to work longer hours to get the best result for my clients, it is on me, clients should not have to pay for my wrong estimation.

Admission Disclosure Statement Affidavit Submission

Admission to the legal profession

August 8, 2023

Admission as lawyer in Queensland can be a challenging and I feel any support on that process is very helpful. Sharing my experience of this step. My support on this subject will always be free.