A member asked almost 8 years ago

Charged with fraud

Hi. I am about to be charged with up to 55 counts of fraudulent behaviour as an employee. The property is valued at about $1,200 per count. I do not have enough money to afford a lawyer. Do I need one to represent me? What are my rights?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. In Western Australia, fraud, whether committed in the workplace or elsewhere, is a criminal offence. Under section 409 of the Criminal Code, ‘fraud’ is committed when any person who, with intent to defraud, by deceit or any fraudulent means obtains property from another, or engages in similar acts. The offence carries, in most cases, a maximum penalty of seven years' imprisonment.

Certain fraud offences may also be heard summarily, which means that the maximum penalty you could receive is lowered and your matter may be heard in the District Court rather than the Supreme Court. However, this may only occur where the value of the property fraudulently obtained does not exceed $10,000.

It is advisable that you seek legal advice and arrange for legal representation, given the seriousness of the charges. If financial hardship is limiting your ability to do this, you should contact Legal Aid WA (www.legalaid.wa.gov.au), or call 1300 650 579. They will will assess your situation and identify an appropriate service to help you. Without knowing your personal circumstances it is difficult to say whether you will be granted legal assistance.

Suggested way forward

Contact Legal Aid WA to have your legal problem assessed and to see whether you are eligible for legal representation in order to defend the charges. If this is unsuccessful, you should consider speaking to a criminal lawyer to help you further understand your legal rights and options. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered almost 8 years ago   Legal disclaimer

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