Case Study of NFT Fraud and Criminal Law in New South Wales, Australia

This case study delves into a criminal case in New South Wales, Australia, involving Stephanie and David, who committed fraud related to a fake NFT ape. The victim, Jamie, lost 5000 Australian dollars. The analysis covers relevant sections of the Criminal Act 1900 NSW, focusing on perjury and fraud under section 192E. It also touches upon the Computer Misuse Act 1990 (UK) due to the use of a fake Twitter account. The study highlights the role of Law Enforcement Power and Responsibilities Act 2002 in addressing scams committed through digital media, emphasizing the Australian legal system's efforts to protect citizens and businesses from fraud. The conclusion underscores the importance of securing victims' rights and imposing penalties on offenders, with references to relevant case law and research.

Criminal New South
Wales LAW Australia

Table of Contents
.........................................................................................................................................................1
INTRODUCTION...........................................................................................................................3
PART 1............................................................................................................................................3
CONCLUSION ...............................................................................................................................5
REFERENCES...............................................................................................................................5

INTRODUCTION
ThE criminal justice system of Australia is determined in the roles of punishments to the
offenders, the offenders must be punished in the formations of penalities, fines, or the minor
crimes can be dealt with the penality of community service. The justice system of Australia
mainly aims to the three guidance doctrines of universal basic principle of fairness, equality and
acceptance for all the citizens, the legal system of Australia is legalistic in its own scope , parties
can upfront present their cases in front of the with the supported evidence and arguments. The
facts of the case mentioned Is right to states when two individuals, Stephanie and David were
involved in the scam in relation with the NFT and Cryptocurrency , and the victim was namely
Jamie (Brown, and Smith, 2018).
PART 1
The case revolved around the fraud done by Stephanie and David regarding fake NFT ape, they
posted the false advertisement about it on the twitter account , the victim Jamie fell for it, and
5000 Australian dollars in Stephanie's account , as David already backed out from the scam, he
on the other hand did not have the right feeling about it, and bailed on Stephanie(Cross, 2019.).
The role of section 331a of The Criminal Act, 1900 NSW, is when an individual is on trial
for the offence which have done under the section 330, under the prescribed regulation of 331a
of the act , the individual has made a contradictory statement under oath.
As David bailed out to Stephanie but he was malice intent in the case , he consumed
drugs with Stephanie panned out the whole things with Stephanie, they both will be charged
under for the consumption of drugs, and for the fraud under the section 192E, for obtaining the
benefits by doing dishonesty, deception, and misinterpretation. In the case of,R v Brown, 1/8/94,
NSWCCA.
The act of creating a fake twitter account with the intent to defraud people Stephanie and
David falls within the purview of Computer Misuse Act 1990, of united kingdom in which an
offender can be prosecuted intentional harm, or crime, using computer systems. There is being
certainly covered that in order to manage all such crimes in Australia their Is noted that so many
laws are being implement ted through way hitch the crime is being included. This is being
mentioned that in 10.8 of the criminal coped act so many issues and the laws are being complied

with which the some of the main elements and they effective nature. Some of the main elements
and the ways with which the criminal activities can be undertaken are like the penalizing all the
individuals for they activities made in general areas and the bylaws(Le Nguyen, and Golman,
2021.). Other then this it is being noted that all such offenses which construes and made the
issues in relation to computer data. Integrity, confidentiality and the other areas will be complied
therein. some of the main regulations and the responsibilities that are belong up retaken through
all such areas i9n the Australian economy are like the operations and the critical functions that
can affect the Australian government and also toy accomplish hen the general penalty
impairments(Yar,and Drew, 2019.). As in this case there is also seen that all such activities in
relation to the cygnet acts are being undertaken. Other than this the cumber crime and all the
security issues are being redressed through hitch the principles and the outlining are being
acknowledged. This complies to manage the effective revised penal areas and codes. Criminal
justi8dce system accomplish top manage the general nature and the function with which they
remember all kind of violence they are in and also maintain the law and order in order to protect
the country and also to abrupt all kind of crimes and functions.
Law Enforcement Power and Responsibilities Act, 2002
The Australian legal system frames policies and strategies to reduce the scam and fraud
committed against the person and property. In the past years, victim has suffered loss from
unexpected way through various application and social media. The law enforcement bodies is
responsible for detecting such acts and punishing for committing such illegal act. The offence
committed by the Stephanie and David are liable under crimes Act of 1900. The enforcement and
responsibilities Act of 2002 track the scams committed through digital media. These kind of
scams not only affects the individual but also target the business organisation to make money
and earn profit. The crowdfunding through different platforms are not demand through fake
website but also losses to the victims. The Australian research study shows the scam reports
increases many times in the last few decades(Keogh,Gordon and Marinovic, 2018). The
technological platform is the main reason behind such kind of scams. The government agencies
and organisation access all their data who tries to manipulate the funds and earned income
through illegal means. The legislation of Law enforcement (powers and responsibilities ) Act of
2002 is introduced with the aim to review the department of police and justice to ensure rights of
the victims and justice is provided to them . In the case of Irving v Nashimur(1907) 5 CLR 233 ,

The High Court of Australia introduced the criminal Act to impose death penalty for committing
illegal act in order to cause monetary loss to the person.
CONCLUSION
From this above report, it has been concluded that criminal legal system of Austria deal
as with the securing the rights of victims and benefits the citizens. The enforcement body
overview the act committed by the accused and impose heavy penalty on them . The Australia
legal system deals with protecting the rights of them.
REFERENCES
Brown, R. and Smith, R.G., 2018. Exploring the relationship between organised crime and
volume crime. Trends and Issues in Crime and Criminal Justice, (565), pp.1-15.
Cross, C., 2019. Reflections on the reporting of fraud in Australia. Policing: An International
Journal.
Keogh, K., Gordon, C. and Marinovic, P., 2018. Global developments in cyber security law: is
Australia keeping pace?. LSJ: Law Society of NSW Journal, (42), pp.82-83.
Le Nguyen, C. and Golman, W., 2021. Diffusion of the Budapest Convention on cybercrime and
the development of cybercrime legislation in Pacific Island countries:‘Law on the
books’ vs ‘law in action’. Computer Law & Security Review, 40, p.105521.
Yar, M. and Drew, J., 2019. Image-based abuse, non-consensual pornography, revenge porn: A
study of criminalization and crime prevention in Australia and England &
Wales. International Journal of Cyber Criminology, 13(2), pp.578-594.