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Years Criminal Defence Experience
These charges can arise from false representations, dishonest claims, and credit, banking, or online conduct. The key issues are usually deception, dishonesty, and intent.
These allegations often involve misuse of company funds, false invoicing, expense claims, payroll manipulation, or irregular transactions. They usually turn on records, access, authority, and intent.
Forgery, using a forged document, false accounting, and falsification charges can have serious consequences for employment and reputation. They often depend on the documents, surrounding communications, and proof of knowledge and intent.
These matters often involve extensive financial records, multiple transactions, and substantial sums. They require careful strategic preparation from an early stage.
Identity crime charges may involve possessing, using, making, or supplying identification information for a dishonest purpose. They are often connected to broader fraud allegations and can be complex in both law and evidence.
These allegations often arise alongside fraud or drug matters. The penalties vary significantly depending on the value involved and the level of knowledge or recklessness alleged.
Blackmail is a serious indictable offence involving an unwarranted demand with menaces. These cases usually turn on the demand, the alleged menace, and the surrounding communications.
Centrelink, NDIS, ATO, and other federal fraud matters are prosecuted under the Criminal Code Act 1995 (Cth) by the CDPP. Strategy and procedure differ from State matters.
These charges can include false statements by company directors, secret commissions, and fraudulently inducing investment. They often involve detailed corporate, financial, and email evidence.
In some matters, particularly lower-value or first-time allegations, diversion or a sentence without conviction may be available. That depends on the charge, the prosecution's position, and the client's circumstances.
| Charge | Legislation | Max Penalty | Typical Court |
|---|---|---|---|
| Common Assault & Aggravated Assault | |||
| Common Assault (Unlawful Assault) | Summary Offences Act 1966 (Vic), s 23 | 15 penalty units or 3 months' imprisonment | Magistrates' Court |
| Aggravated Assault (Child Under 14 / Female Victim) | Summary Offences Act 1966 (Vic), s 24(1) | 25 penalty units or 6 months' imprisonment | Magistrates' Court |
| Aggravated Assault (In Company / Kicking / With Weapon) | Summary Offences Act 1966 (Vic), s 24(2) | 12 months if in company; 2 years if by kicking or with a weapon | Magistrates' Court |
| Common Law Assault | Crimes Act 1958 (Vic), s 320; s 320A in certain circumstances | 5 years' imprisonment generally; up to 10 or 15 years in certain police/protective-services circumstances | Magistrates' Court or County Court |
| Causing Injury | |||
| Recklessly Causing Injury | Crimes Act 1958 (Vic), s 18 | 5 years' imprisonment | Magistrates' Court or County Court |
| Intentionally Causing Injury | Crimes Act 1958 (Vic), s 18 | 10 years' imprisonment | Magistrates' Court or County Court |
| Negligently Causing Serious Injury | Crimes Act 1958 (Vic), s 24 | 10 years' imprisonment | County Court |
| Administering Certain Substances | Crimes Act 1958 (Vic), s 19 | 5 years' imprisonment | County Court |
| Causing Serious Injury & Gross Violence | |||
| Recklessly Causing Serious Injury | Crimes Act 1958 (Vic), s 17 | 15 years' imprisonment | County Court |
| Intentionally Causing Serious Injury | Crimes Act 1958 (Vic), s 16 | 20 years' imprisonment | County Court or Supreme Court |
| Recklessly Causing Serious Injury in Circumstances of Gross Violence | Crimes Act 1958 (Vic), s 15B | 20 years' imprisonment | County Court or Supreme Court |
| Intentionally Causing Serious Injury in Circumstances of Gross Violence | Crimes Act 1958 (Vic), s 15A | 25 years' imprisonment | County Court or Supreme Court |
| Non-Fatal Strangulation | |||
| Non-Fatal Strangulation | Crimes Act 1958 (Vic), s 34AE | 5 years' imprisonment | Magistrates' Court or County Court |
| Non-Fatal Strangulation Intentionally Causing Injury | Crimes Act 1958 (Vic), s 34AD | 10 years' imprisonment | Magistrates' Court or County Court |
| Threats, Stalking & Extortion | |||
| Threats to Inflict Serious Injury | Crimes Act 1958 (Vic), s 21 | 5 years' imprisonment | Magistrates' Court or County Court |
| Threats to Kill | Crimes Act 1958 (Vic), s 20 | 10 years' imprisonment | County Court |
| Stalking | Crimes Act 1958 (Vic), s 21A | 10 years' imprisonment | Magistrates' Court or County Court |
| Extortion with Threat to Kill | Crimes Act 1958 (Vic), s 27 | 15 years' imprisonment | County Court |
| Extortion with Threat to Destroy Property | Crimes Act 1958 (Vic), s 28 | 10 years' imprisonment | County Court |
| Assaults on Protected Workers | |||
| Statutory Assault (Police, Emergency Workers, Customer-Facing Workers, Resist Arrest) | Crimes Act 1958 (Vic), s 31 | 5 years' imprisonment | Magistrates' Court or County Court |
| Assaulting Emergency Workers, Custodial Officers or Youth Justice Workers on Duty | Summary Offences Act 1966 (Vic), s 51 | 60 penalty units or 6 months' imprisonment | Magistrates' Court |
| Assaulting Registered Health Practitioners | Summary Offences Act 1966 (Vic), s 51A | 60 penalty units or 6 months' imprisonment | Magistrates' Court |
| Assaulting Applicable Customer-Facing Workers | Summary Offences Act 1966 (Vic), s 51D | 60 penalty units or 6 months' imprisonment | Magistrates' Court |
| Discharging Firearm Reckless to Safety of Police Officer or Protective Services Officer | Crimes Act 1958 (Vic), s 31C | 15 years' imprisonment | County Court |
| Intimidation of a Law Enforcement Officer or Family Member | Crimes Act 1958 (Vic), s 31D | 10 years' imprisonment | County Court |
| Kidnapping & False Imprisonment | |||
| False Imprisonment | Crimes Act 1958 (Vic), s 320 (common law) | 10 years' imprisonment | County Court |
| Kidnapping | Crimes Act 1958 (Vic), s 63A | 25 years' imprisonment | County Court or Supreme Court |
| Public Order Violence | |||
| Conduct Endangering Persons | Crimes Act 1958 (Vic), s 23 | 5 years' imprisonment | Magistrates' Court or County Court |
| Conduct Endangering Life | Crimes Act 1958 (Vic), s 22 | 10 years' imprisonment | County Court |
| Affray | Crimes Act 1958 (Vic), s 195H | 5 years' imprisonment, or 7 years if face covering | Magistrates' Court or County Court |
| Violent Disorder | Crimes Act 1958 (Vic), s 195I | 10 years' imprisonment, or 15 years if face covering | Magistrates' Court or County Court |
| Threatening Injury to Prevent Arrest | Crimes Act 1958 (Vic), s 30 | 5 years' imprisonment | Magistrates' Court or County Court |
| Firearms, Weapons & Related Offences | |||
| Using Firearm to Resist Arrest | Crimes Act 1958 (Vic), s 29 | 10 years' imprisonment | County Court |
| Use of Firearms in Commission of Offences | Crimes Act 1958 (Vic), s 31A | 5 years' imprisonment (cumulative, cannot be suspended) | County Court |
| Being Armed with Criminal Intent | Crimes Act 1958 (Vic), s 31B | 5 years' imprisonment | County Court |
| Setting Traps to Kill | Crimes Act 1958 (Vic), s 25 | 15 years' imprisonment | County Court |
| Setting Traps to Cause Serious Injury | Crimes Act 1958 (Vic), s 26 | 10 years' imprisonment | County Court |
Many fraud and deception matters are dealt with in the Magistrates’ Court of Victoria, including some indictable charges that may be heard summarily. More serious or complex matters may proceed to the County Court for plea or trial.
Our client faced multiple charges of obtaining a financial advantage by deception involving a significant sum. The prosecution initially indicated that an immediate term of imprisonment would be sought.
Lauren Tye prepared detailed plea material, including psychological reports, evidence of repayment, and submissions on the client’s circumstances. The Court accepted the submissions and imposed a non-custodial outcome.
Our client was charged with a Commonwealth fraud offence following an extended investigation. Lauren Tye prepared comprehensive material addressing the underlying circumstances, evidence of repayment, and submissions on the client’s character and rehabilitation.
The Court accepted the submissions and dealt with the matter on an adjourned undertaking with no conviction recorded.
Every case depends on its own facts and circumstances. Past outcomes do not guarantee future results.
Suitable accommodation is often a central issue in a bail application. Written confirmation from the proposed resident, homeowner or leaseholder should be obtained as early as possible, together with the address and any relevant conditions of residence.
Police may charge you at the scene, at a police station, or later by summons. Drug charges range from possession and use matters to more serious allegations of trafficking, cultivation, manufacture, and importation.
If police want to speak with you, you have received a court date, or property such as drugs, cash, phones, or other material has been seized, obtain legal advice promptly. Early advice can help protect your position and avoid unnecessary mistakes.
Lauren reviews the police brief, search warrants, forensic material, phone evidence, and surrounding facts to assess the strength of the prosecution case, identify weaknesses, and determine the most appropriate strategy.
Lauren advises you at each stage of the proceeding and appears on your behalf in the Magistrates' Court, County Court, or other relevant court. You receive clear advice, careful preparation, and focused criminal defence representation throughout.
Depending on the circumstances, that may involve negotiating charges, contesting the allegations, preparing the strongest possible plea, or seeking the most favourable available resolution. Advice can also be provided on related issues such as bail, forfeiture, and appeal options where relevant. x
If you have been charged, contacted by police, or given a court date, contact Lauren Tye as soon as possible.
All enquiries are strictly confidential.
Direct access to your lawyer, not a call centre or junior associate.
Call Lauren directly on nights, weekends, and public holidays.
Melbourne Magistrates' Court, County Court, Supreme Court, and regional Victoria.
Your initial consultation is free. All enquiries are strictly confidential.
What law governs fraud offences in Victoria?
Will a fraud charge automatically result in a criminal record?
Both are higher bail tests that apply to specified offences under the Bail Act 1977. Compelling reason applies to certain serious offences and requires the applicant to satisfy the court that continued detention is not justified. Exceptional circumstances applies to the most serious matters, including offences listed in Schedule 1, and is a higher threshold again. The applicable test depends on the precise charges, the alleged circumstances, and in some cases the applicant’s history.
What court hears fraud offences?
When should you contact a fraud lawyer?
Penalties vary widely depending on the charge, the amount involved, your prior history, and whether the matter is heard summarily or on indictment. Outcomes can range from diversion or a fine to imprisonment in more serious cases.
This information is general only and not legal advice. If you need advice about your situation, contact Lauren directly.
Many fraud and deception matters in Victoria are dealt with in the Magistrates’ Court. More serious or complex allegations may proceed to the County Court for plea or trial.
Commonwealth fraud matters are prosecuted by the CDPP and may be heard in either court, depending on the charge. Lauren Tye acts for clients in both State and Commonwealth fraud matters across Victoria.
