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Obtaining financial advantage by deception
Obtaining financial advantage by deception
Written by
Cassie Collier
Criminal Defence Lawyer
What the Law states - Obtaining financial advantage by deception
Crimes Act 1958 - SECT 82
Obtaining financial advantage by deception82. Obtaining financial advantage by deception
(1) A person who by any deception dishonestly obtains for himself or another any financial advantage is guilty of an indictable offence
(2) For purposes of this section deception has the same meaning as in section 81.
Maximum Penalty in Victoria
10 years imprisonment
What the Prosecution must prove - Obtaining financial advantage by deception - Vic
1. The accused engaged in a deception.
2. The accused acted dishonestly.
3. As a result of the deception the accused obtained a financial advantage for himself or herself or another person.
Possible Defences - Obtaining financial advantage by deception
Factual dispute
Lack of intent
Identification dispute
Which court will hear the charge of Obtaining financial advantage by deception
Magistrates Court if if the amount or value of the financial advantage alleged to have been obtained does not in the judgment of the Court exceed $100 000.
County Court if the amount or value of the financial advantage alleged to have been obtained exceeds $100 000.
