Have you been charged with Obtaining Property by Deception?
As this is a serious offence with potentially heavy penalties, you should consult a specialist criminal lawyer before proceeding further. After considering a number of questions, your lawyer will be able to help you determine whether you have any avenues of defence available to you.
The quantum of the property obtained under this offence will determine which Court your case will be heard in.
Please read below for more information in relation to this charge.
The offence
Section 81 of the Crimes Act 1958.
The prosecution must prove:
The defendant engaged in a deception;
He or she did so dishonestly;
As a result of the deception the accused:
Obtained ownership, possession or control of property; or
Obtained for another, or enabled another to obtain or to retain, the ownership, possession or control of property;
The property in question belonged to a third party; and
The intention with which the property was so obtained or retained was that of permanently depriving the third party of that property.
The maximum penalty
Level 5 imprisonment being a maximum of 10 years.
Where will my case be heard?
Obtaining Property by Deception cases can be heard in the Magistrates’ Court or County of Victoria depending on the amount being alleged.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
See an experienced criminal lawyer urgently. The sooner preparation of your matter begins the better your chances of a positive outcome in Court.
If you have been charged with Obtaining Property by Deception make an appointment to see one of our experienced lawyers today.
The legislation
Section 81 Obtaining property by deception
(1) A person who by any deception dishonestly obtains property belonging to another, with the intention of permanently depriving the other of it, is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).
(2) For purposes of this section a person is to be treated as obtaining property if he obtains ownership, possession or control of it, and obtain includes obtaining for another or enabling another to obtain or to retain.
(3) Subsections (12) and (13) of section 73 shall apply for purposes of this section, with the necessary adaptation of the reference to appropriating, as it applies for purposes of section 72.
(4) For the purposes of this section, “deception”—
(a) means any deception (whether deliberate or reckless) by words or conduct as to fact or as to law, including a deception as to the present intentions of the person using the deception or any other person; and
(b) includes an act or thing done or omitted to be done with the intention of causing—
(i) a computer system; or
(ii) a machine that is designed to operate by means of payment or identification—
to make a response that the person doing or omitting to do the act or thing is not authorised to cause the computer system or machine to make.
