printer friendly version

Obtain Credit by Fraud Charge - Lawyer / Solicitor Article.

The Law - Obtain Credit By Fraud - Law – Lawyer / Solicitor Article

Section 178C of the Crimes Act states:

Whosoever incurring any debt or liability obtains credit by any false pretence or by any wilfully false promise or partly by a false pretence and partly by a wilfully false promise or by any other fraud shall be liable to imprisonment for one year.

Maximum Penalty - Obtain Credit By Fraud - Penalties – Lawyer / Solicitor Article

The Maximum penalty for the offence of Obtain Credit by Fraud is one year imprisonment.

What the Police Must Prove - Obtain Credit By Fraud - Lawyer / Solicitor Article

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

1. The accused incurred a debt or liability.
2. In the course of the transaction, the accused obtained credit.
3. By a false pretence or wilfull false promise with intent to defraud or by fraud.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

Possible Defences - Obtain Credit By Fraud - Defences – Lawyer / Solicitor Article

Possible defences to this offence include but are not limited to

1. Duress
2. Necessity

What Court is Likely to Hear the Matter - Lawyer / Solicitor Article

Where the value of the property charged exceeds $5000, this matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Where the value of the property charged does not exceed $5000, this matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Disclaimer

It is most important that you understand that each criminal case is different. While the material in this page is intended to be relevant to the majority of cases, it may not apply to every case.

Useful Links

Attending A Police Station - Explains your rights when arrested and the police powers to obtain evidence.
Going To Court  - A virtual tour of the court process - from arrest to sentencing
Contact our Criminal Law Team - Free legal advice from expert Criminal Defence Lawyers

Stealing and Fraud Offences

Article Categories

	+61 (0)2 9261 4555
	Book an appointment