Community views sought on fraud sentencing

27 Jan 2022

Community members and justice stakeholders are reminded to voice their views on fraud sentencing in NSW before submissions to an independent review close on 31 January 2022.

Attorney General Mark Speakman said public submissions are welcome and important to inform the NSW Sentencing Council’s ongoing review of fraud and fraud-related offences.

“Anyone can be a target of fraud, and fraudsters often prey on some of the most vulnerable people in our community,” Mr Speakman said.

“Between 2016 and 2020, an average of 17 people were found guilty of fraud, deception and related offences in NSW local courts every sitting day. Fraud can be devastating for victims and has serious economic impacts for individuals and the community.

“In September 2021 I asked the NSW Sentencing Council to review sentencing for fraud offences, to help us ensure our laws are striking the right balance between protecting the community, reducing crime, punishing and rehabilitating offenders. 

“Hearing from members of the public as well as legal practitioners, judicial officers, reporters and academics during this process will assist the Sentencing Council to consider if sentencing for fraud offences remains fit for purpose and meets community expectations.”

Under the review’s terms of reference, the Sentencing Council has been asked to look at:

• sentencing statistics for fraud convictions over five years;
• the characteristics of offenders, sentence type and length;
• key sentencing principles and reasoning employed by judges;
• the mitigating subjective features of offenders; and
• any other significant factors considered in sentencing decisions that explain how courts come to their final decision on sentence.

The review will investigate NSW offences including but not limited to Obtain property belonging to another by deception and Obtain financial advantage or cause financial disadvantage by deception, which make up the majority of finalised charges.

For information on how to make a submission, visit the Sentencing Council’s website.

Download media release: Community views sought on fraud sentencing (PDF , 116.0 KB)