ID Offences
Facing Identity Fraud Charges? Protect Your Rights with Experienced Defence
Being charged with identity fraud can have severe legal and personal consequences. At Brightstone Defence, we assist clients across NSW with tailored criminal defence strategies. Our lawyers are highly experienced in defending identity-related offences and can guide you through each stage of the legal process.
Detailed Description:
- Financial Fraud: We challenge allegations involving unauthorised access to bank accounts, loans, and credit facilities.
- Impersonation: Our lawyers provide expert defence when charges relate to misrepresentation for personal gain.
- Document Forgery: We assist clients accused of creating or altering documents, ensuring a thorough examination of evidence.
Contact Brightstone Defence to discuss your case with an experienced criminal defence lawyer and protect your future.
What is identity fraud?
Identity fraud is legislated under Part 4AB of the Crimes Act 1900 (NSW) and section 372.2 of the Criminal Code Act 1995 (Cth), involving the deliberate make, supply or use of someone else’s personal information such as their name, bank account details or credit card numbers to commit fraudulent activities. This can include:
- Financial fraud – using stolen identity details to gain access to credit, loan or bank accounts
- Impersonation – falsely representing yourself as another person to gain services or benefits
- Document forgery – creating or altering documents such as passports, driver’s licences or credit cards for fraudulent purposes
Elements the Prosecution Must Prove
Key elements of Identity fraud
Knowing the key elements of identity fraud helps you understand what the law says and what the prosecution must prove. It also helps you see possible ways to defend yourself and understand the serious nature of these offences.
- Unauthorised use of personal information – Using someone else’s personal details without permission, like their name, address, bank account, or identity documents.
- Intent to commit fraud – You must have intended to deceive or gain some benefit from using another person’s identity. Just having the information is not enough.
- Knowledge of falsity – You must know the information is not yours and is being misused, including forged or fake documents.
- Making or supplying false documents – Creating or giving out forged documents such as passports, driver licences, or credit cards to trick others.
- Benefit or advantage obtained – The fraud must give you some gain, like money, goods, services, or access to accounts.
- Deception or misrepresentation – Pretending to be someone else or giving false details to get something you are not entitled to.
- Potential impact on the victim – The offence usually harms someone, such as causing financial loss, stress, or damage to their reputation.
Possible Defences
If you have been charged with identity fraud, it is important to understand that you have a right to defend yourself against the allegations. Possible defences include:
- Issue of “intent”
- Issue of “deal”
- Issue of “possession”
- Mistaken identity
- False allegations
- Insufficient evidence
- Consent or authorisation
Potential Penalties
Depending on the nature of the fraud, the maximum penalty for this offence is 10 years imprisonment. Convictions may also result in significant fines. A conviction for identity fraud can result in a permanent criminal record, affecting employment opportunities and travel.
Legal Process
& Options
These matters are treated seriously by the courts as victims of identity fraud suffer long-term consequences. It is important to get legal advice whether you decide to plead guilty or not.
Pleading
Not Guilty
When pleading not guilty, your lawyer will challenge the evidence and present your defence in order to obtain the best outcome for you. When pleading not guilty you maintain that:
- You did not commit the offence
- You lacked intent to commit an identity offence
- You were wrongfully identified
- You had lawful consent or authority
Pleading
Guilty
If you decide to plead guilty, you accept responsibility for the offence. You may plead guilty if the evidence against you is strong or if you wish to show remorse and receive a reduced sentence.
Yes, if you are found guilty or plead guilty, a criminal conviction is likely, unless the court grants a leniency by imposing a section 10 dismissal or a conditional release order (CRO) without conviction. It is essential to obtain legal advice and representation to get the best outcome for your case.
Yes, in some cases, if the charges are withdrawn or downgraded.
If you are under investigation, it is important that you do not speak to police without a lawyer present, except to give your name and address if asked.
Contact us today to receive tailored advice for your case.
Money laundering is the process of disguising the origin of money or assets that were obtained illegally, to make them appear legitimate.
- It commonly involves:
- Transferring funds through bank accounts
- Buying property or assets with illegal money
- Using third parties (“money mules”) to move funds
It includes:
- Receiving, possessing, concealing, using, or disposing of money or property
- Moving funds through accounts
- Giving or accepting property in a transaction
- Penalties depend on the amount of money and theoffender’s state of mind (knowing, reckless, negligent). Maximum penaltiesinclude:
- Even low-level involvement (e.g. handling a few thousand dollars) can result in criminal charges.
Not necessarily. There are tiers of liability:
- Knowing: You’re aware the money is from crime
- Reckless: You suspect but ignore the risk
- Negligent: You should have known, but didn’t take care to check
- Yes, if you should have known or were reckless about its origin. For example:
- Letting someone transfer funds through your bank account
- Collecting or delivering cash for someone without asking why
You could be charged even if you didn’t receive a benefit.
A money mule is someone who transfers or moves illegal funds on behalf of others — often unknowingly. Criminals often recruit them via:
- Job scams
- Online friendships or relationships
- Fake “investment” schemes
Being a money mule is a criminal offence, even if you didn’t know the full story.
- Yes. Cryptocurrency is often used to hide illegal money trails. Using crypto to:
- Move proceeds of crime
- Avoid detection
- Convert illegal cash into digital assets
…can lead to money laundering charges.
Businesses like banks, casinos, and remitters must report suspicious activity to AUSTRAC, including:
- Large or unusual transactions
- Structured deposits
- Customers who avoid identification checks
Failure to comply with anti-money laundering (AML) laws can result in civil or criminal penalties for those businesses.
Yes, if you are found guilty or plead guilty, a criminal conviction is likely, unless the court grants a leniency by imposing a section 10 dismissal or a conditional release order (CRO) without conviction. It is essential to obtain legal advice and representation to get the best outcome for your case.
Yes, in some cases, if the charges are withdrawn or downgraded.
If you are under investigation, it is important that you do not speak to police without a lawyer present, except to give your name and address if asked.
Contact us today to receive tailored advice for your case.
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