Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
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).
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 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.
WHY CHOOSE ARMSTRONG LEGAL?
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