Charged with shoplifting, stealing, fraud or dishonesty? Even a minor dishonesty conviction can affect your job, your travel and your future, so it pays to get advice early. Many of these matters can be resolved without a conviction. Call Robert Kaufmann on 1300 276 529 for a free initial consultation with an Accredited Specialist in Criminal Law.
Theft and fraud lawyer in Sydney
Robert Kaufmann has practised criminal law in NSW for over 23 years. For 17 of those years he has been an Accredited Specialist in Criminal Law, recognised by the Law Society of NSW. He defends people charged with everything from first-time shoplifting to large-scale fraud, in the Local, District and Supreme Courts.
Common dishonesty charges
- Larceny (stealing) and shoplifting (section 117 Crimes Act 1900). Maximum 5 years, although most matters are dealt with in the Local Court with much lower penalties.
- Fraud (section 192E): dishonestly obtaining property or a financial advantage, or causing a financial disadvantage, by deception. Maximum 10 years.
- Goods in custody and receiving or dealing with stolen property.
- Break and enter offences.
- Identity and credit card fraud, and using false documents.
- Employee theft and embezzlement.
- Commonwealth fraud, such as Centrelink, tax or NDIS matters, prosecuted by the Commonwealth DPP.
Possible defences
- No dishonest intent, for example a genuine mistake or a claim of right.
- Identification: it was not you.
- Insufficient evidence linking you to the goods or the transactions.
- Problems with how the evidence was obtained.
Avoiding a conviction
For many first-time and lower-value offences, the court can dismiss the charge or impose a conditional release order without recording a conviction under section 10 of the Crimes (Sentencing Procedure) Act 1999. This can be critical if you work in finance, security, government or any job that needs a clean police check. Paying back the money, showing remorse and providing good references can all help. In some shoplifting matters, police can deal with the matter by penalty notice instead of a court charge.
Serious fraud
Larger frauds often involve complex financial records and long investigations. We work with forensic accountants where needed, and negotiate with the prosecution to narrow the charges and the agreed facts. These steps can make a major difference to the sentence.
Courts we appear in
We appear for clients across Sydney and NSW, including Parramatta, Sydney (Downing Centre), Burwood, Bankstown, Blacktown, Penrith, Liverpool, Campbelltown, Sutherland, Newtown, Waverley and Hornsby Local Courts, as well as the District and Supreme Courts.
Theft and fraud FAQs
Will I get a criminal record for shoplifting?
Not necessarily. Many first offenders receive a section 10 dismissal or conditional release order without conviction, especially with good preparation.
Does paying the money back help?
Yes. Restitution is a significant factor in sentencing for dishonesty offences, although it is not a defence.
I have been asked to attend a police interview about fraud. What should I do?
Get legal advice before the interview. You generally do not have to answer questions, and what you say can be used in evidence.
Speak to a fraud lawyer now
Call Robert Kaufmann on 1300 276 529 for a free initial consultation, book a phone consultation online, or send an enquiry through our contact form.
This page is general information about NSW law and is not legal advice. Every case depends on its own facts.