What Constitutes Credit Card and Identity Fraud?

A person who deals in identification information with the intent of committing, or of facilitating the commission of, an indictable offence is guilty of an offence.

The following is a list of “identification information”:

    1. a name or address,
    2. a date or place of birth, marital status, relative’s identity or similar information,
    3. a driver licence or driver licence number,
    4. a passport or passport number,
    5. biometric data,
    6. a voice print,
    7. a credit or debit card, its number or data stored or encrypted on it,
    8. a financial account number, user name or password,
    9. a digital signature,
    10. a series of numbers or letters (or both) intended for use as a means of personal identification,
    11. an ABN.

The most common offence can be found under s192J of the Crimes Act 1900 NSW.

In order to prove this charge, the prosecution must satisfy beyond reasonable doubt:

      • You dealt with;
      • Identification information;
      • With the intention of committing or facilitating the commission of;
      • An indictable offence.

Defences For Credit Card and Identity Fraud

        • Duress; and
        • Necessity

Penalty

If you are convicted on the Local Court, the maximum penalty is 2 years imprisonment.

If you are convicted in the District Court, the maximum penalty is 10 years imprisonment.

If you have been charged with identity fraud, contact one of the lawyers at Benjamin & Leonardo Criminal Defence Lawyers for a FREE conference regarding your case.

FREE CASE EVALUATION