Adjourned Undertaking for Obtaining Property By Deception

This is a case study on a sentence of adjourned undertaking for Obtaining Property By Deception and Possess Drug of Dependence.

What is alleged to have occured?
Our client was initially charged with a range of dishonesty and deception offences totalling close to $26,000.00 in overall value. The allegations were that the client and his co-accused fraudulently opened numerous mobile phone accounts and received high end mobile handsets worth thousands of dollars with no intention of ever paying the fees associated with the accounts.

It was further alleged that fake businesses were established in order to open the accounts. And further, that once the handsets were obtained, they were sold on to third parties for profit.

The co-accused pleaded guilty to several of those deception charges and received a Community Corrections Order (with conviction). The case was heard at the Broadmeadows Magistrates’ Court and our client faced charges of Obtaining Property By Deception and Possess Drug of Dependence.

What happened at court?
There were extensive negotiations with the prosecution over a lengthy period of time, which ultimately saw the case resolve as plea of guilty to one charge only of Obtain Property by Deception – relating to two phone accounts and valued at $4,000. As part of the discussions, the police recommended that our client be given diversion based on the charges that remained.

What was the result?
The client ultimately received an adjourned undertaking (a good behaviour bond) and no conviction was recorded against him.

Whilst the presiding magistrate ultimately did not agree that the case was suitable for diversion, the client instead received an adjourned undertaking (good behaviour bond) by way of penalty and no conviction was recorded against him. In the circumstances, an adjourned undertaking for Obtaining Property By Deception and Possess Drug of Dependence was a particularly lenient outcome.

Elements of Obtaining Property By Deception:
  • The accused obtained property belonging to another;
  • The accused did so with the intention of permanently depriving the other of the property;
  • The accused used deceit to obtain the property;
  • The accused obtained the property dishonestly.
Related case studies
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 04/09/2019