Obtaining Property by False Pretences (NSW)

The maximum penalty for the offence of obtaining property by false pretences is five years imprisonment. The offence is governed by the New South Wales Crimes Act.

Jurisdiction

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.

What must be proven?

In order for a person to be found guilty of this offence, the court must be satisfied beyond a reasonable doubt that:

• The accused made either a false pretence of fact, or a wilfully false promise, or a partly false pretence and a partly false promise to some person.
• The accused knew it to be false.
• Through means of such pretence (false promise etc) the accused obtained property.
• With intent to defraud.

The legislation

Section 179 of the Crimes Act states:

Whosoever, by any false pretence or by any wilfully false promise, or partly by a false pretence and partly by a wilfully false promise, obtains from any person any property, with intent to defraud, shall be liable to imprisonment for five years.

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