Charged with an identity offence?
Identity offences can involve names, addresses, driver licences, passports, account details, passwords, credit or debit card information and other material capable of identifying a person. ED Legal provides advice and court representation for identity-fraud charges across Sydney and NSW.
Police may rely on phones, computers, account records, documents, online activity and communications to allege that identification information was possessed, supplied, made or used for an unlawful purpose.
How we can help you
We can review the identification information police rely on, how it was obtained or stored, the devices or accounts said to contain it and the evidence about the purpose for which it was allegedly held or used.
We can advise before a police interview, assess search and seizure issues, make representations where appropriate, prepare a defended hearing and represent you at sentence if the charge is admitted or proved.
Understanding NSW identity offences
Part 4AB of the Crimes Act 1900 (NSW) deals with identity offences. The legislation defines identification information broadly and creates separate offences depending on whether a person is alleged to have dealt in or possessed that information and for what purpose.
Dealing with identification information
Section 192J makes it an offence to deal in identification information with the intention of committing, or facilitating the commission of, an indictable offence. The maximum penalty is 10 years imprisonment.
Possessing identification information
Section 192K makes it an offence to possess identification information with the intention of committing, or facilitating the commission of, an indictable offence. The maximum penalty is 7 years imprisonment.
What counts as identification information
The statutory definition includes information such as names, addresses, dates of birth, driver-licence and passport details, biometric information, financial account information, usernames, passwords, digital signatures and other identifiers. The exact material relied on by police should be identified and assessed.
Before a police interview or court date
If police want to interview you about alleged identity crime, obtain legal advice before deciding whether to participate. Explanations about devices, accounts, documents or how information came into your possession can become important evidence.
Preserve devices, messages, account records, purchase records and other material in their original form. Keep any search warrant, property receipt, Court Attendance Notice and bail papers.
Defending an identity-fraud charge
A defence may involve disputing possession or control of the information, whether the material meets the statutory definition, authorship or use of an account, or the prosecution case about the required intention.
Where several people had access to a phone, computer, account or premises, the prosecution must still prove the accused person's connection to the information and the required criminal purpose beyond reasonable doubt.
Digital evidence should be examined carefully. The existence of identifying information on a device does not, without more, determine who placed it there, who controlled it or why it was retained.
Related fraud and document offences
Identity allegations can overlap with fraud, forgery, false-document and proceeds-of-crime charges. Each offence has separate elements and the prosecution case should be assessed charge by charge.
Preparing to speak with a lawyer
Tell us the exact charge, the information or device involved, the court and next date, and whether police executed a search warrant or seized electronic devices. Preserve all relevant records rather than deleting or changing them.
Bring any police paperwork, identification records, account information, devices, transaction records and communications relevant to the allegation. These materials can help identify what information police rely on, how it was obtained or used, and what evidence bears on knowledge and intention.Contact ED Legal for a free initial consultation.
Sources
Identity offences framework: NSW legislation: Crimes Act 1900, Part 4AB Identity offences
Dealing in identification information: NSW legislation: Crimes Act 1900, section 192J
Possessing identification information: NSW legislation: Crimes Act 1900, section 192K
Disclaimer: This information is general in nature and is not legal advice. It is intended as a guide only. You should obtain formal legal advice about your specific circumstances.
