"Dishonesty offences" isn't one crime — it's the whole family of crimes built on being dishonest for gain: theft, fraud, forgery, identity crime, welfare and card fraud, receiving stolen goods, and more. What ties them together is a single idea, and the law tests it in two parts: would ordinary people say what you did was dishonest, and did you know it was? If both are yes, the dishonesty element is made out.
The whole idea in one picture
One idea runs through them all
Lots of different charges share the same engine: dishonesty. And there's a precise two-part test for it — which is exactly where many of these cases are won or lost.
What counts as a dishonesty offence
They look different on the surface, but each one is built on intentionally deceptive conduct to gain something or cause a loss. The family includes:
The shared ingredients: a dishonest intent, no consent from the owner, a gain or benefit sought, and some deception or misrepresentation. Strip away the labels and that's the same core every time.
The test for "dishonesty"
This is the part that decides most of these cases. To make out dishonesty, the prosecution has to satisfy both limbs:
Ordinary people would regard what you did as dishonest.
You knew it was dishonest by those standards.
This is where a genuine belief matters. If you honestly believed you were entitled to the money or property — a "claim of right" — then your conduct may not be dishonest at all, even if you were mistaken.
How a charge usually starts
Because the conduct is deceptive, the case is usually built from records and reports rather than caught live:
How it comes to light
Reports from victims, businesses or agencies
Internal audits or forensic investigations
Search warrants, CCTV, or intercepted communications
Financial or digital evidence — emails, transactions, account access
Who lays the charge
State or territory police
Specialist fraud or cybercrime units
Agencies like Centrelink, ASIC, the ATO, or the CDPP
State or federal: dishonesty against Centrelink, the tax system, or by post or online is a Commonwealth offence carrying up to 10 years — separate from the state charges.
What happens at court
Where a matter is heard depends on its size and seriousness:
Summary or lower-value matters stay in the local or magistrates' court.
Indictable or large-scale matters go to a higher court.
The steps run from first appearance and plea, through the prosecution's evidence, to a trial or sentencing.
Penalties can range from jail and fines to bonds, community correction orders, or repayment.
Choose your state
Penalties where you are
New South Wales
NSW
Most serious cases — top of the scale
Up to 10 years in jail
That's the top for serious fraud. Summary matters, like those under $5,000, are capped at 2 years in the Local Court.
Read this as a ceiling, not a forecast. Dishonesty covers everything from a minor shoplift to a major fraud — and they're sentenced worlds apart. Value, planning, breach of trust, and your record drive the outcome.
Lower-level outcomes
Which court
Common defences
Because it all turns on dishonesty, defences usually attack that directly:
No dishonest intent
It was a genuine mistake or misunderstanding.
Claim of right
You honestly believed you were legally entitled to it.
You were authorised
You had permission to act as you did.
Not enough evidence
The prosecution can't prove the conduct was dishonest.
Facing a dishonesty charge? Talk to a lawyer.
So much rides on intent and that two-part test — a lawyer can argue genuine belief or mistake. We can point you to ones in your state.
This page explains how these charges generally work — it can't tell you what will happen in your case. "Dishonesty" covers a wide range of offences with very different penalties. If you're under investigation or charged, talk to a criminal lawyer before answering questions.
Criminal lawyers
Hiring a Criminal Lawyer is Essential if You’ve Been Charged
While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a criminal lawyer.
