Dishonesty & fraud charges
Dishonesty charges range from shoplifting to large-scale fraud. Because penalties scale with the amount involved, and a conviction can affect your career, getting the charge resolved well matters.
This page is general information, not legal advice about your situation - every case turns on its own facts.
What this charge means
Dishonesty offences under the Crimes Act 1961 include theft (s219/s223), obtaining by deception (s240), and various fraud offences. The maximum penalty generally scales with the value involved. Lower-level matters like shoplifting are often suitable for diversion.
Penalties & likely outcomes
| Offence | Maximum penalty |
|---|---|
| Theft / obtaining by deception - value up to $500 | Up to 3 months |
| Value $500–$1,000 | Up to 1 year |
| Value over $1,000 | Up to 7 years |
Many first-time, lower-value dishonesty matters are resolved through diversion or without imprisonment. Higher-value or breach-of-trust fraud is treated far more seriously. Penalties are indicative - check current legislation.
Possible defences
- No dishonest intent - a genuine claim of right or mistaken belief.
- You did not take or obtain the property as alleged.
- Identity, or the conduct did not occur.
- Challenging the alleged value, which affects the charge and penalty.
The court process
Most dishonesty matters are dealt with in the District Court. For genuinely minor, first-time offending, diversion may keep your record clean. For more serious fraud, careful analysis of the evidence and the alleged loss is key.
Reducing the consequences
- Diversion for minor, first-time matters (e.g. shoplifting).
- Seeking a discharge without conviction (s106) to protect your career.
- Reparation and genuine remorse to support a better outcome.
- Challenging the alleged value to reduce the seriousness of the charge.
Frequently asked questions
Will I get a criminal record for shoplifting?
Not necessarily. For minor, first-time shoplifting, diversion is often available - complete the conditions and the charge is withdrawn with no conviction. It's worth pursuing early.
Can I avoid a conviction for fraud or theft?
Sometimes - through diversion for minor matters, or a discharge without conviction where a conviction's consequences would be out of proportion. It depends on the value involved and your circumstances.
Does the amount involved change things?
Yes - significantly. The maximum penalty scales with the value, so the alleged amount affects both the charge and the likely outcome. Challenging the value can matter.
Will a conviction affect my job?
A dishonesty conviction can affect employment, professional registration and travel. That's often a strong reason to seek diversion or a discharge without conviction.
Related pages
Charged with an offence? Speak to Luke Ameye, Barrister today.
Early advice protects your rights. Confidential, no-obligation initial discussion.