Steel, Alex --- "New Fraud and Identity-Related Crimes in New South Wales" [2010] UNSWLRS 43

University of New South Wales Faculty of Law Research Series

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New Fraud and Identity-Related Crimes in New South Wales [2010] UNSWLRS 43 (21 October 2010)

Last Updated: 26 October 2010

New Fraud and Identity-Related Crimes in New South Wales

Alex Steel, University of New South Wales

This paper is available for download at http://law.bepress.com/unswwps/flrps10/art43/

Citation

This article was published in the Judicial Officers Bulletin, Vol. 22, No. 3, pp. 18-22, 2010.

Abstract

The Crimes Amendment (Fraud, Identity and Forgery Offences) Act 2009 commenced on 22 February 2010. It represents a significant change to fraud offences in New South Wales. The Act codifies dishonesty in line with the Ghosh test, replaces over 30 fraud offences with one main offence based on deceptively obtaining financial advantage, rewords the forgery offences and introduces a suite of identity crime offences. The Act continues to move away from offences based on common law larceny and interference with property rights toward general offences based on a statutory defined concept of dishonesty. However, larceny and related offences have been retained. Consequently, care needs to be taken to distinguish between the different ingredients that constitute the various offences. This article provides an analysis of those changes.