Armed with Intent Offences
Elements the Prosecution Must Prove
Possible Defences
Potential Penalties
Legal Process
& Options
Pleading
Not Guilty
Pleading
Guilty
Frequently Asked Questions
Will I go to jail for a dishonesty offence?
The outcome of whether or not the accused will be sentences to a jail conviction is dependent on several factors. The courts take into account the severity of the offence, if the accused has a prior criminal record, especially for similar offences. Circumstances of the offence such as if the accused acted under duress. The court will additionally take into consideration a non-custodial sentence, such as those of community service, good behaviour bonds and fines. Each case requires different attention and different approaches which is why it is crucial to have a strong legal team to help you in the matter.
What will the court take into account when sentencing?
The court will take into account the total amount of the proceeds as well as the accused circumstances. The court additionally takes into consideration the accused’s prior history and personal circumstances.
What is the difference between theft and fraud?
In NSW law under Section 192E of the Crimes Act 1900 sets out ‘fraud’ as “a person who, by any deception, dishonestly obtains property belonging to another or obtains a financial advantage or causes any financial disadvantage.”
Larceny is a term commonly used by criminal lawyers to describe that act of theft or stealing. In NSW larceny is defined as the act of taking someone else’s property without consent and intending to permanently deprive the owner of it.
Can I be fined for a dishonesty offence?
- Yes
Fines can be imposed for dishonesty offences, usually for less severe crimes. However, fines are more commonly distributed for offences such as shoplifting. Offences that are more serious will carry larger scale penalties such as imprisonment or community service. However, each case is different it is important to have a strong legal team or receive accurate legal advice to assist you in receiving the best outcome for your situation.
What is the difference between intentional and reckless dishonesty?
- Intentional dishonesty means the offender knowingly engaged in deceit.
- Reckless dishonesty occurs when the offender acts carelessly or without regard to the truth, but does not necessarily intend to defraud.
Both can result in criminal charges, but intent usually attracts higher penalties.
How can a criminal defence lawyer help with a dishonesty charge?
A qualified lawyer can:
- Assess the evidence and identify weaknesses in the prosecution’s case.
- Advise on potential defences, such as lack of intent, mistake, or duress.
- Negotiate outcomes, including reduced charges or diversion programs where appropriate.
- Represent clients in court to protect their rights and achieve the best possible result.
What should I do if I am accused of a dishonesty offence?
Do not admit guilt or provide statements without legal advice. Contact an experienced criminal defence lawyer immediately to ensure your rights are protected and to receive guidance on how to respond.
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Alex and Sharon are highly professional, detail-oriented, and truly takes the time to understand the client’s perspective. He provides clear, practical, and well-considered legal advice based on deep expertise and experience. I genuinely felt supported and confident throughout the process. If you’re looking for a trustworthy and capable legal team, this firm is definitely a top choice.
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