THEFT & DISHONESTY OFFENCES

obtaining property / financial advantage by deception.

Deception-related offences involve gaining property or financial benefits through fraudulent means. Under section 81(1) of the Crimes Act 1958 (Vic), obtaining property by deception is committed when a person dishonestly acquires property belonging to another through deception with the intent to permanently deprive them of it.

Similarly, under section 82(1) of the Crimes Act 1958 (Vic), obtaining a financial advantage by deception occurs when a person dishonestly gains a financial benefit for themselves or another person through deceptive means. These offences can include fraud, false representations, identity theft, and using forged documents, all of which can result in severe legal consequences, including imprisonment for up to 10 years.

PROOF, PENALTIES & DEFENCES.

Obtaining Property by Deception.

The prosecutor has to prove that you:

You dishonestly obtained property belonging to another person;
You did so by deception (false statements, misrepresentations, or fraud);
You intended to permanently deprive the owner of the property.

Defences:

You believed you were entitled to the property;
There was no deception involved;
You lacked intent to permanently deprive the owner.

Penalties: Maximum 10 years jail.

Obtaining Financial Advantage by Deception.

The prosecutor has to prove that:

You dishonestly obtained a financial advantage for yourself or another;
You did so through deception.

Defences:

You believed you were entitled to the money;
There was no intention to deceive;
Lack of dishonesty

Penalties: Maximum 10 years jail.

CLIENTS WE’VE HELPED FOR THIS CHARGE.

Obtain property by deception / 1 Day Good Behaviour Bond Without Conviction

Case: Fake Gift Cards To Fund Gambling Addiction. Our client was young and suffering a gambling addiction. He bought and sold...

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