The offence is contained in section 192E of the Crimes Act 1900 (NSW) which states: A person who, by any deception, dishonestly:
Is guilty of the offence of fraud.
Deception is defined as any deception, by words or other conduct, as to fact or as to law, including:
A deception as to the intentions of the person using the deception or any other person; or
Conduct by a person that causes a computer, a machine or any electronic device to make a response that the person is not authorised to cause it to make.
Dishonest according to the standards of ordinary people and known by the defendant to be dishonest according to the standards of ordinary people.
A person “obtains property” if:
The person obtains ownership, possession or control of the property for himself or herself or for another person, or
The person enables ownership, possession or control of the property to be retained by himself or herself or by another person, or
The person induces a third person to do something that results in the person or another person obtaining or retaining ownership, possession or control of the property.
Obtain a financial advantage includes:
Obtain a financial advantage for oneself or for another person, and
Induce a third person to do something that results in oneself or another person obtaining a financial advantage, and
Keep a financial advantage that one has, whether the financial advantage is permanent or temporary.
Cause a financial disadvantage means:
Cause a financial disadvantage to another person, or
Induce a third person to do something that results in another person suffering a financial disadvantage, whether the financial disadvantage is permanent or temporary.
The offence is an indictable offence, that means it may be heard in the higher courts; however, it can also be dealt with in Local Courts. The charge will be in the limits of the Magistrates’ Court if:
In addition to the general factors to be considered on sentence, the following factors will often be particularly relevant:
Obtain benefit by deception can be punished with imprisonment up to 2 years (if heard in the Local Court) or up to 10 years (if heard in the District Court).
Please note that the penalties mentioned are reserved for the worse case offending and are unlikely to be the penalty you receive.
In NSW, a court can impose any of the following penalties for a obtain a benefit by deception charge of:
Statistics reveal that for obtaining benefit by deception 46% of offenders received a custodial sentence whereas 33% received a good behaviour bond.
Since obtaining a benefit by deception is a criminal offence, the burden of proof lies on the Prosecution. The prosecution must prove each of the following matters beyond a reasonable doubt:
Some of the possible defences available for those charged with obtaining a benefit by deception include:
For Fraud/Deception of the Commonwealth, Rep-Revive Criminal Lawyers® offers the following options:
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Rep-Revive Criminal Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court.
Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal Lawyers® who have been in the provision of legal service for over 21 years.
If you are charged with an offence, our team at Rep-Revive Criminal Lawyers® are best suited for representing your case.