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Can I be guilty of fraud against a dead person?

I have been charged with obtaining property by deception. I applied for a credit card in the name of an elderly neighbour who recently passed away. I honestly didn’t think it would get approved but when it did I thought why not use it? I made a few online purchases but the family found out and now the police want to speak to me. Am I likely to be found guilty?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 10-11-2015
1 Lawyer Answered
View more Q&A on:
  1. Fraud
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Adriana Pasquale, Findon 5023 SA

  • Yes you are. Deception includes using the identity of a person who is:
    • living;
    • dead;
    • real; or
    • fictional.
  • You should speak to lawyer about your situation immediately. 

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