Obtain Financial Advantage by Deception


In Victoria, it is an offence to dishonestly obtain any financial advantage by deception, punishable by a maximum of 10 years’ imprisonment. It does not matter whether the financial advantage was for yourself or for another person. This offence may also be known as ‘fraud’.

The Offence of Obtain Financial Advantage by Deception

The offence of Obtaining a Financial Advantage by Deception is contained in s 82 of the Crimes Act 1958, which states: A person who by any deception dishonestly obtains for himself or another any financial advantage is guilty of an indictable offence.

What Actions Might Constitute ‘Obtaining A Financial Advantage by Deception’?

  • Dishonestly using a company credit card for unauthorised purposes;
  • Giving information that you know to be false to banks in order to obtain a loan;
  • Giving someone a cheque, that you know is valueless, to discharge a debt;

What the Police Must Prove

To convict you of Obtaining a Financial Advantage by Deception, the prosecution must prove each of the following matters beyond a reasonable doubt:

  • You obtain a financial benefit;
  • You used deceit to obtain that financial advantage;
  • You obtained the financial advantage dishonestly; and
  • Causation (the financial advantage must flow from the deception).

Deception

To satisfy the element of deception, it is enough for the Prosecution to prove that you were reckless as to whether the representation you made was true or false.

The Prosecution must also prove that you intended to obtain the property by making the representation and that you obtained the property as a result of the deception.

Dishonesty

Dishonesty has a special meaning in relation to this offence. It means that you must have acted without a belief in the legal right to obtain the property. While the belief does not have to be reasonable, a moral belief in the right to obtain the property is not sufficient.

Which Court will Hear Your Matter?

Obtaining a financial advantage is an indictable offence that can be heard in the Magistrates’ Court if the financial advantage alleged to have been obtained does not exceed $100,000.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.

WHERE TO NEXT?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.

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