Obtain Benefit by Deception (NSW)
One of the most common ‘fraud’ offences in New South Wales is obtaining a benefit by deception. The maximum penalty for obtaining a benefit by deception is five years imprisonment.
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?
The prosecution must prove each of the following matters beyond a reasonable doubt.
- The accused dishonestly obtained (for themself or another person) money, a valuable thing, or a financial advantage.
- They did so by deception.
It will be necessary for the police in every offence to prove that the accused was the person who committed the offence.
The legislation
Section 178BA of the Crimes Act states:
- Whosoever by any deception dishonestly obtains for himself or herself or another person any money or valuable thing or any financial advantage of any kind whatsoever shall be liable to imprisonment for five years.
- In subsection (1): deception means deception (whether deliberate or reckless) by words or conduct as to fact or as to law, including:
(a) a deception as to the present intentions of the person using the deception or of any other person; and
(b) an act or thing done or omitted to be done with the intention of causing:
(i) a computer system; or
(ii) a machine that is designed to operate by means of payment or identification,
to make a response that the person doing or omitting to do the act or thing is not authorised to cause the computer system or machine to make.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
About Armstrong Legal
Armstrong Legal brings more than 30 years of experience helping Australians manage serious legal matters, and we're a national law firm guided by a genuine focus on each client's interests. Our firm now has a team of lawyers working in multiple states and territories after experiencing significant growth.
Being a specialist criminal law firm, we offer extensive practical experience across a diverse range of situations and court scenarios. Our lawyers can explain your rights, assess your options and help you understand the likely path forward, no matter whether your search led you here through "drug driving lawyers Sydney", "apprehended violence order NSW" or "traffic law".
For criminal matters, our 24/7 phone line means you can speak to a lawyer and obtain urgent advice when you need it most. Our team can assist you with any aspect of criminal or quasi-criminal law, whether your search included "criminal solicitors Sydney", "traffic lawyer Townsville", "appeal court Victoria" or other terms, so reach out to us by phone call or online enquiry today.