NSW Help! charged with fraud over $80

[HelpChargedWithFraud]

So I understand what I did was very stupid and over such a petty amount.

I bought some clothes worth $80 last week. I went back into the store and picked up the same items of clothes (off the floor) and went to 'return them' with my receipt from the previous week in return for cash.

I was caught by the store which then called the police and arrested me. I admitted I was guilty.

Because I returned the items in return for cash, its not considered 'shoplifting' but instead Fraud because it is 'obtaining benefit by deception'.

This is a first time arrest and I do not have any records with the police. I now have a court hearing.

I am so stressed because it was such a stupid thing to do.

A) What is the most likely punishment for a first time offence over such a small amount?
B) Will this appear on my police record or criminal record?
C) Will this come up in police checks when looking for a job/renting etc?

Any advice highly appreciated!!

 

[Rod]

A dishonesty offence can have serious effects on employment prospects. Suggest you get some legal advice.

 

[Iamthelaw]

A) What is the most likely punishment for a first time offence over such a small amount?

Depends on a variety of factors, any indication here would be speculative at best. However given the amount involved and the information you've provided such as lack of prior convictions - I don't see gaol as a likely outcome.

B) Will this appear on my police record or criminal record?

It will appear on the police's internal system regardless of the outcome. If convicted it will show up on criminal record/police check.

C) Will this come up in police checks when looking for a job/renting etc?

As per (b) above.

I agree with @Rod regarding getting some advice/representation.

 

[HelpChargedWithFraud]

Depends on a variety of factors, any indication here would be speculative at best. However given the amount involved and the information you've provided such as lack of prior convictions - I don't see gaol as a likely outcome.

It will appear on the police's internal system regardless of the outcome. If convicted it will show up on criminal record/police check.

As per (b) above.

I agree with @Rod regarding getting some advice/representation.

What does 'if convicted' mean exactly? If I plead guilty - does this mean I am convicted?
Or can I be plead guilty and avoid being convicted?

 

[Lennon]

What does 'if convicted' mean exactly? If I plead guilty - does this mean I am convicted?
Or can I be plead guilty and avoid being convicted?

Convicted means either you plead guilty or you have a trial and the magistrate makes a finding that you are guilty. Either way, you are convicted.

 

[Lennon]

I agree with other posters, you should definitely seek proper legal advice here.

 

[Iamthelaw]

Convicted means either you plead guilty or you have a trial and the magistrate makes a finding that you are guilty. Either way, you are convicted.

This isn't correct.

A conviction is essentially a declaration of your guilt made by the court that is kept on your record. After a plea of guilty is entered or if there is a finding of guilt a magistrate or judge will then proceed to sentence the you. The sentence handed down can either be made with conviction or without conviction.

For example, in NSW - The court can make one of the following three orders under Section 10 of the Crimes (Sentencing Procedure) Act:

- Directing that the charge against the person be dismissed (Section 10(1)(a)).
- Discharging the person on the condition that that person enter into a good behaviour bond not exceeding two years (Section 10(1)(b)).
- Discharging the person on the condition that that person enters into an agreement to participate in an intervention program and to comply with any intervention plan arising out of the program (Section 10(1)(c)).

These are all alternatives to recording a conviction. A sentence made without conviction is a good result - It means that if you're asked if you have ever been convicted of an offence (e.g. by an employer), you can answer ‘no’.

The 'non-recording' of a conviction is reserved for less serious offences and as such will depend on the nature of the offence. It will take into account things such as your age, previous criminal record (or lack thereof), character etc.

You should seek advice and representation in regard to this.