Case note: fraud, dishonestly obtaining property

The charges

Twenty-two counts of fraud, dishonestly obtaining property from another, plus one count of attempted fraud. Fraud is an offence under section 408C of the Criminal Code (Qld).

The allegation was that goods purchased from retailers were repackaged with counterfeit items substituted, and then returned for a refund.

What was done

Instructions were to plead guilty and to make submissions directed at whether a conviction should be recorded.

The first step was to reduce the charge structure. Negotiations with police prosecutions resulted in two charges being discontinued and the balance consolidated into four counts of fraud and one count of attempted fraud.

That process took place over an extended period and involved detailed written submissions. Consolidating a large number of counts into a smaller number that still reflects the overall criminality is common in matters of this type, and it changes how the offending is presented at sentence.

The result

The court ordered full restitution and imposed a period of probation. A conviction was not recorded.

Whether a conviction is recorded is a discretion exercised under section 12 of the Penalties and Sentences Act 1992 (Qld), which requires the court to consider the nature of the offence, the offender’s character and age, and the impact recording a conviction would have on their economic or social wellbeing or their chances of finding employment.

Every matter turns on its own facts. Sentencing outcomes depend on the particular offending, the criminal history of the person before the court and the sentencing principles in the Penalties and Sentences Act 1992 (Qld). Nothing here indicates what another court would do in another case.