What to do if I am accused of a crime?

If you are accused of a crime, it is important to stay calm and protect your legal rights from the outset. Do not speak to police or anyone else about the allegation, and do not make any statements or admissions, as anything you say may be used against you. You have the right to remain silent and should exercise that right until you have received legal advice. Contact an experienced lawyer as soon as possible, follow their advice carefully, and keep any documents or information that may be relevant to your case, as getting early legal guidance can significantly affect the outcome.

Should I plead guilty or not guilty?

Whether you should plead guilty or not guilty depends on the specific circumstances of your case and should only be decided after obtaining legal advice. You should not enter a plea until you have fully understood the charges, the evidence against you, and your available legal options. An experienced lawyer can review the facts of your case, advise you on the strength of the prosecution's evidence, explain the potential consequences of each plea, and help you make an informed decision that is in your best interests.

Is it possible to avoid a conviction for a first offence?

Yes, in some cases it may be possible to avoid a conviction for a first offence, depending on the nature of the charge, the circumstances of the offence, and your personal background. Courts may consider alternatives such as a dismissal, conditional release order, or other non-conviction outcomes, particularly where the offence is less serious and you have no prior criminal history. An experienced lawyer can assess your situation, present your case effectively to the court, and advise you on the best strategy to maximise your chances of avoiding a conviction.

Do you offer free consultation for criminal law matters?

Yes — we offer a free initial consultation for criminal law matters so you can discuss your situation, understand your options, and get clear legal guidance before deciding how to proceed, with no obligation to retain us.

Do you offer fixed fees?

Yes — we offer fixed-fee options for many criminal law services so you can have clarity and confidence about your legal costs upfront, avoiding unexpected fees and making it easier to budget for your defence.

How do I get a divorce?

In Australia, you can apply for a divorce once you have been separated from your spouse for at least 12 months and there is no reasonable likelihood of reconciliation. Divorce applications are made through the Federal Circuit and Family Court of Australia and can be filed jointly or by one party alone. You do not need to prove fault, but you must satisfy the court that proper arrangements have been made for any children under 18. While you can apply on your own, obtaining legal advice can help ensure the process is completed correctly and that your rights regarding property, finances, and parenting matters are properly protected.

How does family law court divide marital assets?

The family law court divides marital assets using a structured process rather than an automatic 50/50 split. The court first identifies and values all assets and liabilities of both parties, including property, superannuation, savings, and debts. It then considers each party's financial and non-financial contributions, such as income, caregiving, and homemaking roles, as well as future needs including age, health, earning capacity, and care of children. Finally, the court assesses whether the proposed division is just and equitable in all the circumstances.

How does the family law court make decision about the custody of children?

When making decisions about the custody of children, the family law court's primary consideration is the best interests of the child. The court assesses factors such as the child's safety, their relationship with each parent, each parent's ability to provide for the child's physical, emotional, and developmental needs, and the benefit of the child having a meaningful relationship with both parents where it is safe to do so. The court may also consider the child's views, depending on their age and maturity, as well as any history of family violence or neglect, before making parenting orders that best support the child's wellbeing.

What are fraud and financial crimes?

Fraud and financial crimes are offences that generally involve dishonesty, deception, theft or the improper use of money, property or financial information. The precise elements depend on the offence charged and the circumstances of the alleged conduct.

What are common dishonesty offences in NSW?

Common dishonesty offences include fraud, theft or larceny, money laundering, bribery and corruption, making false or misleading statements and embezzlement.

What is fraud in NSW?

Fraud generally involves intentionally using deception and acting dishonestly to obtain property or a financial advantage, or to cause another person or organisation a financial disadvantage.

What is larceny in NSW?

Larceny generally involves dishonestly taking and carrying away property belonging to another person without consent and with the intention of permanently depriving the owner of it.

What is money laundering?

Money laundering generally involves dealing with money or property that represents the proceeds of crime. The prosecution may need to prove that the accused knew, believed or was reckless as to whether the money or property was connected with criminal activity.

What is embezzlement?

Embezzlement generally involves an employee or another person entrusted with money or property dishonestly appropriating it for their own benefit or for the benefit of someone else.

What must the prosecution prove in a fraud or financial crime case?

The prosecution must prove every legal element of the particular offence beyond reasonable doubt. Depending on the charge, this may include proving dishonesty, deception, intention, knowledge, unlawful appropriation or a financial benefit or loss.

What penalties can apply to fraud and financial crimes?

Possible penalties may include a fine, Conditional Release Order, Community Correction Order, Intensive Correction Order, compensation or reparation order, or full-time imprisonment. The penalty depends on the charge, the amount involved, the seriousness of the conduct and the offender's circumstances.

Can I avoid a criminal conviction for a fraud offence?

It may be possible for a court to deal with some fraud or financial crime matters without recording a conviction. This outcome is not automatic and depends on factors such as the seriousness of the conduct, the amount involved, the offender's history and personal circumstances.

Can fraud or financial crime charges be withdrawn or reduced?

Depending on the evidence and circumstances, a lawyer may make representations to police or prosecutors seeking to have charges withdrawn, amended or reduced. The outcome will depend on the facts and strength of the evidence in the individual case.

Should I participate in a police interview about a fraud allegation?

You should obtain legal advice before deciding whether to participate in a police interview or provide a statement. Anything said to police may be recorded and used as evidence in criminal proceedings.

How can a fraud and financial crime lawyer help?

A lawyer can review the prosecution evidence, assess whether the legal elements can be established, identify possible defences, advise during an investigation, negotiate with prosecutors and represent the accused during bail applications, sentencing proceedings, hearings or trials.

Does Krayem & Co Lawyers offer consultations for fraud matters?

Yes. Krayem & Co Lawyers offers consultations for people facing allegations or charges involving fraud, larceny and other financial or dishonesty offences.

Home > Fraud and Financial Crimes

Fraud and Financial
Crimes

Dishonesty Offences

Dishonesty offences refer to a wide range of different individual offences that share an element of dishonesty.
Common dishonesty offences include:

Theft (larceny);
fraud;
money laundering;
bribery and corruption;
making false or misleading statements;
embezzlement;

Fraud

Larceny

Frequently Asked Questions

What is considered fraud in NSW?

Fraud generally involves dishonest conduct intended to obtain property or a financial advantage, or cause another person a financial disadvantage. The exact elements the prosecution must prove depend on the particular offence charged and the circumstances of the alleged conduct.

What are common types of fraud and financial crime?

Fraud and financial crime allegations can arise from many circumstances, including obtaining financial advantage by deception, identity-related fraud, business or corporate fraud, Centrelink fraud, credit card or online fraud, falsification of documents, money laundering and other dishonest financial conduct.

What must the prosecution prove for a fraud offence?

The elements depend on the specific charge. In many fraud matters, the prosecution must establish matters concerning the accused person’s conduct, dishonesty or deception and the resulting property, financial advantage or financial disadvantage. Each required element must be proved to the applicable criminal standard.

What evidence is commonly used in fraud cases?

Fraud investigations can involve substantial documentary and electronic evidence, including:

Bank and transaction records
Business and accounting records
Emails and text messages
Contracts and invoices
Financial statements
CCTV footage
Telephone records
Computer and device data
Witness statements
Police interview recordings

A criminal defence lawyer can review this material and assess how it relates to the allegations.

What should I do if I am being investigated for fraud?

If police or another investigating authority contacts you about suspected fraud or financial offending, consider obtaining legal advice before participating in an interview or providing a statement. Early advice can help you understand the allegations, your rights and the potential consequences of responding to investigators.

Should I participate in a police interview about alleged fraud?

Whether you should participate in a police interview depends on the particular circumstances. Statements made during an interview may become evidence in subsequent proceedings. You should obtain legal advice about your position and rights before deciding how to respond to police questioning.

What are the penalties for fraud offences in NSW?

Penalties vary significantly depending on the particular offence, value involved, seriousness of the conduct, circumstances of the offending and the court dealing with the matter. Serious fraud and financial crime offences can result in substantial penalties, including imprisonment.

What defences may be available to a fraud charge?

Available defences depend on the specific allegation and evidence. Issues may arise concerning dishonesty, deception, intention, knowledge, identity, authorisation or whether the prosecution can prove each element of the offence beyond reasonable doubt. A lawyer should assess the evidence before determining the appropriate defence strategy.

Can fraud charges be withdrawn?

A criminal conviction for dishonesty or fraud may have consequences beyond the sentence imposed by the court. Depending on the person’s occupation and circumstances, it may affect employment, professional licensing, regulatory obligations or future background checks.

Will a fraud offence result in a criminal record?

The outcome depends on the charge and how the matter is resolved. If a person pleads guilty or is found guilty, the sentencing outcome will determine whether a conviction is recorded. Different sentencing options may be available depending on the offence and individual circumstances.

Can Krayem & Co Lawyers represent me in a fraud or financial crime matter?

Krayem & Co Lawyers provides criminal defence advice and representation for fraud and financial crime matters in Sydney and throughout NSW, including investigations, police interviews, court proceedings and sentencing.