Obtaining Property By Deception – Fine, No Conviction

This is a case study on a charge of Obtaining Property By Deception resulting in a fine without conviction.

What is alleged to have occured?
Our client had forged false invoices stating that he had medical and dental procedures and cashed them in with his insurer to the sum of a bit over $30,000. He had gone to the local office and handed them in and received a refund. This offending behaviour had taken place over a number of months.

What happened at court?
Bill Doogue represented him at the Melbourne Magistrates’ Court for the charge of Obtaining property by deception.

What was on the face a very serious offending was placed into context by obtaining psychiatric reports. There were extensive files that were requested from health providers. Using these details and, in particular, graphs of his electro-convulsive therapy, it was made possible to put his fraud in context: that he was incredibly unwell at the time (but not quite to the stage of mental impairment).

The full amount was repaid and there was a statement made by him to the Police.

What was the result?
The Magistrate ultimately imposed a fine without conviction and our client was given two months to pay the fine.

Bill DoogueBill Doogue

Bill has been an Accredited Criminal Law Specialist for over 17 years and a criminal defence lawyer for over 25 years.

Bill specialises in defending corporate crime cases and defending serious sexual offences charges. Bill has expertly and successfully defended high profile, high-pressure cases and is highly respected by the Courts, police and his peers. Bill runs the Melbourne office and enjoys his involvement in advising on the higher level strategy that should be used to defend cases.

Visit Bill’s Melbourne criminal lawyer profile to read more about his background and experience. You can also follow him on Twitter.
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 15/06/2015