Theft & Fraud Lawyers Melbourne

Dishonesty offences can range from relatively minor matters to complex “white collar” cases involving significant sums of money, multiple transactions and extended periods of conduct. The seriousness of the charge and the potential consequences will depend on the nature of the allegations and the evidence relied upon by the prosecution. 

Early Legal Advice

The approach taken in a dishonesty matter will depend on the particular circumstances of the case. However, obtaining legal advice at an early stage is important. 

If you become aware that police wish to speak with you about an allegation of theft or fraud, you should seek legal advice before participating in any interview if possible. 

Anything said during a police interview may later be relied upon as evidence in court. Obtaining advice beforehand can assist you in understanding: 

• your legal rights 

• the nature of the allegations 

• how the interview process works 

• the potential consequences of answering questions 

• whether it may be appropriate to provide an account or exercise your right to silence

Early advice also allows a criminal lawyer to begin analysing the issues in the case and considering the strategy that may be appropriate if charges are laid. 

The Police Interview

A person who is interviewed by police has the right to remain silent. This means that you are not required to answer police questions and may respond by answering “no comment.”

Whether it is appropriate to answer questions or exercise that right will depend on the circumstances of the case. Where a person has not had an opportunity to obtain legal advice beforehand, exercising the right to silence is often the safest course. 

In some cases, a person may first become aware of an investigation when police attend to speak with them or request that they attend an interview. Where police contact you in advance, obtaining legal advice before the interview can assist you in understanding the process and deciding how best to approach it. 

What Happens After a Police Interview?

In some matters, police may lay charges immediately following an interview. 

In other cases, a person may be released without charge while the investigation continues. There is often no fixed timeframe for when a decision will be made, and in more complex matters—particularly those involving financial records or multiple transactions—it may take some time before a decision is reached. 

Procedure and Jurisdiction

Dishonesty offences in Victoria begin in the Magistrates’ Court. 

Some offences, including theft, obtaining property by deception or obtaining a financial advantage by deception, may be heard and determined in the Magistrates’ Court where the value of the alleged offending falls within the court’s jurisdiction. 

Where the alleged value exceeds the jurisdictional limits, the matter will proceed through the committal process and ultimately be determined in the County Court of Victoria. 

In practice, many dishonesty matters are resolved in the Magistrates’ Court, although the appropriate jurisdiction will depend on the nature of the charge, the value involved and the way in which the case develops. 

An experienced criminal lawyer can advise you about the process applicable to your case and the options available at each stage. 

Defences

Whether a defence is available will depend on the circumstances of the case and the evidence relied upon by the prosecution. 

In some matters, a person may have a claim of right, meaning they honestly believed they had a legal entitlement to the property in question. 

In other cases, the prosecution may be unable to prove one or more elements of the offence. For example, where a person is charged with obtaining property by deception, the prosecution must establish that the conduct was dishonest and involved deception. If those elements cannot be proved beyond reasonable doubt, the charge cannot be made out. 

Careful analysis of the evidence is therefore critical in identifying whether a defence is available and how a case should be approached. 

Sentencing Considerations

If a person pleads guilty or is found guilty of a dishonesty offence, the court will consider a range of factors when determining an appropriate sentence. 

These may include: 

• the amount of money or value involved 

• the duration of the offending 

• whether the offending involved a breach of trust (for example, in an employment context) 

• the level of planning or sophistication involved 

• the person’s prior history and personal circumstances

Courts will also consider any steps taken by an accused person, such as restitution or repayment, engagement with treatment or counselling, and evidence of prior good character. 

Early preparation is often important in ensuring that relevant material is obtained and placed before the court where appropriate. 

What Should I Do If I Am Charged With a Dishonesty Offence?

If you are charged with a theft, fraud or other dishonesty offence, it is important to obtain legal advice as soon as possible. 

A criminal lawyer experienced in these types of matters can assist by: 

• explaining the court process and what to expect 

• obtaining and reviewing the prosecution's brief of evidence 

• identifying issues with the evidence relied upon by the prosecution 

• advising whether any defences may be available 

• advising about the strength of the case and your available options 

• assisting in preparing and presenting your case before the court

Dishonesty matters often turn on detailed evidence and careful analysis. For that reason, early advice and thorough preparation can make a significant difference to how a case progresses.