Obtaining Property by Deception – Diversion

The client was charged with attempting to obtain a financial advantage by deception.

What is alleged to have occured?
The offences arose out of an attempt to secure insurance for a motor vehicle accident. The allegations were that the client had sought to deliberately delay reporting the date of the accident, so that an application for insurance could be made and approved to cover the date of the accident.

The other party to the accident referred the matter to the police.

The client had no prior convictions and was on a temporary visa.

What happened at court?
Due to the relatively small amount of money involved and the absence of prior convictions, plus the client’s cooperation with police when arrested, an application for diversion was made to the arresting officer.

This application was approved and we represented the client at a diversion hearing at the Heidelberg Magistrates’ Court.

What was the result?
The presiding magistrate was persuaded to grant a diversion.

This was an excellent result for the client as a police record (even upon a without conviction outcome) would jeopardise his plan to apply for permanent residency in Australia.
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 25/02/2013