(08) 9225 6646

Fraud Offences

Being accused of fraud can feel overwhelming. These charges often come out of employment or business disputes, insurance investigations, false statements on forms, misuse of identification, to complex financial transactions. Regardless of the amount or context, these offences are taken seriously and can carry significant penalties, including imprisonment. 

If you’re under investigation or already charged, getting advice early can make a real difference. At Perrella Legal, we act quickly and strategically to protect your position from day one.

At Perrella Legal, our experienced criminal defence lawyers represent clients facing fraud, stealing, stealing as a servant, and other dishonesty-related charges across Western Australia. We understand that these cases are often complex, sensitive, and damaging to both your reputation and livelihood — and we act quickly to protect your interests.

What Is Fraud?

Under the Criminal Code (WA) a person commits fraud if, the person intends to defraud, and they use deceit or any fraudulent means to:

  • Obtain property, induce its delivery, or gain a benefit;
  • Cause a loss or detriment; or
  • Induce another person to act (or refrain from acting) in a way they are lawfully entitled to.

Intent to repay or provide value is not a defence to fraud.

Penalties:

  • If the victim is 60 years or older – up to 10 years’ imprisonment.
  • In any other case – up to 7 years’ imprisonment.

If the value involved exceeds $50,000, the matter must be dealt with on indictment (in a higher court). 

Even where the alleged gain or loss is small, a conviction can have serious long-term effects — including a criminal record that impacts employment and travel opportunities.

Common Ways We Defend Fraud Charges

Every fraud case is different. Defence strategy depends on the evidence and the specific allegation. Some of the most common angles we explore include:

  1. No Intent to Defraud

This is often the strongest defence. Many situations involve mistakes, poor communication, or disputes over entitlement — not criminal intent.
If the prosecution can’t prove you intended to deceive for gain or to cause loss, you cannot be convicted. 

  1. Honest Belief or Entitlement

If you genuinely believed you were entitled to the money, benefit, or property, that belief can negate fraudulent intent. This can arise in:

  • employment or business disputes
  • family financial arrangements
  • situations involving unclear agreements
  • alleged overpayments or allowances 
  1. Deceit Not Proven

Fraud requires proof of deceit or fraudulent means. If your conduct was open, explained, or based on information you believed to be true, deceit may not be established. 

  1. Lack of Causation

The prosecution must prove your alleged dishonesty caused the benefit or loss. If the connection is weak, indirect, or based on assumption, that can be fatal to the charge. 

  1. Factual Dispute

Fraud charges sometimes rely on one-sided accounts, rushed internal investigations, or unreliable records. If the allegation is wrong, exaggerated, or based on false assumptions, we can defend it directly at trial.

  1. Procedural or Evidence Problems

Fraud cases often depend on documents, digital records, and long timelines. We scrutinise:

  • whether police obtained evidence lawfully
  • whether financial records are accurate and complete
  • whether witness statements are consistent
  • whether electronic data has been interpreted fairly

What to Do If You’re Under Investigation

Fraud investigations are often built gradually using documents, bank records, phone data, and interviews. If police or investigators contact you:

  • Don’t give a statement or attend an interview without legal advice.
  • Don’t try to “explain it away” in writing or over the phone.
  • Get advice early so evidence can be preserved and risk managed.

Sometimes the best outcome is achieved before a charge is even laid.

Negotiation vs Trial: Choosing the Right Strategy

Not every fraud case should go to trial, and not every fraud case should be pleaded guilty.

Once we review the evidence, we will advise whether to:

  • defend the charge fully,
  • negotiate for withdrawal or reduction, or
  • enter an early plea where it benefits you.

A well-prepared early strategy can reduce penalties substantially — and in some cases prevent a conviction entirely.

How Perrella Legal Can Help

Fraud charges can be complex, stressful, and deeply personal. We approach every case with discretion, urgency, and a focus on outcomes.

We can assist by:

  • analysing the evidence for gaps in intent or deceit
  • preparing pre-trial submissions challenging the charge
  • negotiating with prosecutors for withdrawal or downgrade
  • briefing forensic accountants or technical experts if needed
  • representing you in court with clear, strategic advocacy

Speak With a Fraud Defence Lawyer in Perth

If you’ve been charged with fraud — or suspect you’re being investigated — early legal advice can make all the difference.

Contact Perrella Legal today for a confidential consultation with an experienced fraud defence lawyer in Perth.

Recent Cases

Frequently Asked Questions

Stealing usually involves physically taking or keeping property that belongs to someone else.
Fraud involves dishonesty through deceit or misrepresentation — for example, tricking someone into handing over money, gaining a benefit, or causing them a financial loss.

Yes. To convict you of fraud, the prosecution must prove you acted with an intent to defraud. That is often the most contested part of the case.

Fraud is a serious crime under the Criminal Code (WA):

  • Up to 10 years’ imprisonment if the victim is 60 years or older;

Up to 7 years’ imprisonment in all other cases.
If the value involved is over $50,000, the matter must go to a higher court and cannot be dealt with summarily.

Yes. Intent to repay is not a defence. The law focuses on whether there was deceit and intent to gain a benefit or cause detriment at the time.

Stealing occurs if someone fraudulently takes or converts property belonging to another, with intent to permanently deprive the owner, use it as security, or deal with it in a way that it can’t be returned in its original condition.

No. Stealing can be committed openly or secretly. The key issue is whether the taking or use was fraudulent.

The standard maximum penalty is 7 years’ imprisonment.
However, the law provides higher maximum penalties for “special case” stealing offences.

Higher penalties apply depending on what was stolen and how it happened:

  • 8 years – stealing a motor vehicle and driving dangerously or recklessly;
  • 10 years – stealing items like a will, an aircraft, or property involving abuse of trust (e.g. public servants, employees, directors, power of attorney situations);
  • 14 years – stealing:
    • From a person;
    • From inside a dwelling (over $10,000 or involving violence/threats);
    • From goods in transit or a vehicle/vessel;
    • From a wrecked vessel;
    • From a public office;
    • By using a key/instrument to open a locked place; or

Where the stolen item is a firearm.

This refers to stealing from your employer or misusing property that came into your possession through work. These charges are treated particularly seriously because they involve a breach of trust.

Defences depend on the facts, but common ones include:

  • Honest claim of right (you genuinely believed you were entitled to the property);
  • Lack of intention to defraud or permanently deprive;
  • Mistake or misunderstanding;
  • Disputes about ownership or consent; and
  • Weaknesses in identification or evidence.

Yes. Many dishonest-conduct cases rely on assumptions or circumstantial evidence. If key legal elements can’t be proven, we can seek:

  • Withdrawal of the charge, or
  • Reduction to a less serious offence.

Yes. Dishonesty offences can have lasting consequences for:

  • Employment and professional licences;
  • Police clearances and security checks;
  • Travel or visa applications; and

Your personal reputation.
That’s why early legal advice is essential.

Do not attend an interview or provide a statement without advice.
Even a well-intended explanation can be misinterpreted or used later. Contact Perrella Legal first.

We can:

  • Assess the evidence and identify weaknesses;
  • Advise on defences like claim of right or lack of intent;
  • Negotiate with prosecutors for reduction or withdrawal; and
  • Represent you in court to secure the best possible outcome.

Contact Perrella Legal today for confidential advice from an experienced fraud and stealing lawyer in Perth.

Do you have more questions?
Back
Contact Us