Have you been charged with Obtaining a Financial Advantage by Deception?
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What does it mean to be charged with Obtaining a Financial Advantage by Deception?
Being charged with obtaining a financial advantage by deception means that a person is accused of dishonestly gaining a financial benefit by misleading or deceiving another party. This offence is covered under Section 82 of the Crimes Act 1958 (βCAβ), and typically involves providing false information, concealing the truth, or engaging in deceptive conduct to obtain money, property, services, or any other financial gain.
What is Deception?
Deception refers to the act of misleading or causing someone to believe something that is not true, typically with the intent to gain an advantage or avoid a negative consequence. It involves dishonesty or trickery and can take various forms such as making false statements, concealing important information, or creating a misleading impression. Examples of deception include, false representation, omissions, creating false impressions.
What does the prosecution need to prove?
- You engaged in deception
- You did so dishonestly; and
- As a result of the deception, you obtained financial advantage for yourself or another person.
Penalties for Obtaining Financial Advantage by Deception:
Level 5 imprisonment being a maximum of 10 years.
Where will my case be heard?
Cases of obtaining financial advantage by deception can be heard in either the Magistrates’ Court or the County Court of Victoria, depending on the seriousness of the offence.
Factors and Defences to consider:
- Did you intentionally deceive in an effort to obtain a financial advantage?
- Were you aware your actions were misleading/deceptive?
- Did you benefit financially? How much?
- Was your intention to deprive them permanently?
- Do you have any previous convictions of a similar nature?
- Was the victim particularly vulnerable or easily exploited?
- What were the surrounding circumstances of your offence?
- Did you receive any consent from the victim in relation to your financial gain?
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St Kilda, Victoria 3182
1800 130 120
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I found myself again before the magistrates court for an indictable offence, I was worried about receiving a jail sentence because of my age and h... Read MoreI found myself again before the magistrates court for an indictable offence, I was worried about receiving a jail sentence because of my age and history, but once I spoke to Jasmin Dhillon and the MK Law team, all my worries were taken away! Jasmin took the time to explain to me the process and kept me informed every step of the way, she has a deep understanding of the law and a genuine heartfelt commitment to achieving the best possible outcome for her clients. Thanks to her hard work and expertise, we achieved a no conviction outcome which has enabled me to continue working hard and pursue my dream career! I am forever grateful for their service and would highly recommend the MK Law team to anyone in need of legal assistance, they are truly dedicated and one of a kind in their field. Read Less55/5
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I recently used the services of Marie Lukic of MK law. She is very professional, dedicated and knowledgeable lawyer. Extremely grateful to have Ma... Read MoreI recently used the services of Marie Lukic of MK law. She is very professional, dedicated and knowledgeable lawyer. Extremely grateful to have Marie who did exceptional job. I would highly recommend Marie Lukic of MK law firm. π Read Less55/5
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Thanks Marcus Denning for being with me from start to end and to give me a fantastic outcome from my trial..πππππππππFi... Read MoreThanks Marcus Denning for being with me from start to end and to give me a fantastic outcome from my trial..πππππππππFirst time getting charged, didn't know what to do. I was like a fish out of water. Started to research some law firms and mk law popped did some background checks and found good info about the firm. So I stuck with them and i don't regret nothing about my experience with mk law..... Read Less55/5
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I am jagmohan truely grateful and thankful for Jasmin Dhillon from MK Law who did an exceptional job on my case. She is highly skilled, talented ... Read MoreI am jagmohan truely grateful and thankful for Jasmin Dhillon from MK Law who did an exceptional job on my case. She is highly skilled, talented and amazing at what she does. I could not have asked for anymore. I was nervous at first, but Jasmin made me feel at ease and confident going into my case. If I ever have any issues in the future, I will confidently go with Jasmin Dhillon . And thank you to the exceptional MK Law team. Read Less55/5
What happens next?
If you’ve been charged with obtaining a financial advantage by deception, the first step is to contact MK Law to get immediate legal advice. Your lawyer will help you understand the case against you, review the evidence, and prepare a defence. It’s important to attend all court appearances and work closely with your lawyer to explore possible defences, negotiate settlements, or prepare for trial. Early legal representation can help you navigate the process and aim for the best possible outcome. Call 1800 130 120 to obtain confidential expert advice today.
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
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