Have you been charged with Obtaining Property by Deception?
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What does it mean to be charged with Obtaining Property by Deception?
Obtaining Property by Deception under Section 81 of the Crimes Act 1958 (“CA”) refers to when someone dishonestly uses deception (either deliberate or reckless) to gain ownership, possession, or control of property that belongs to someone else, with the intention of permanently depriving the rightful owner of that property. The deception can involve false statements or misleading actions regarding facts, the law, or even the intentions of the person committing the deception. Additionally, it includes situations where the deception is used to manipulate computer systems or machines, such as ATMs, to perform actions the person is not authorised to cause.
What must the prosecution prove?
1. You engaged in deception
2. You did so dishonestly
3. As a result of that deception, you
a. Obtained ownership, possession or control of property; or
b. Obtained for another person, or enabled another person to obtain or to retain, the ownership, possession or control of property;
4. The “property” belonged to a third party; and
5. The intention was to deprive the third party of that property permanently.
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 have to prove?
1. You engaged in deception
2. You did so dishonestly
3. As a result of that deception you:
a. Obtained ownership, possession or control of property; or
b. Obtained for another person, or enabled another person to obtain or to retain, the ownership, possession or control of property;
4. The “property” belonged to a third party; and
5. The intention was to deprive that third party of their property permanently.
Penalties of Obtaining Property by Deception:
The penalty for obtaining property by deception is a level 5 imprisonment, with a maximum sentence of 10 years.
Where will my case be heard?
Cases of Obtaining Property by Deception may be heard in either the Magistrates’ Court or the County Court of Victoria, depending on the value of the property involved. The more severe the case, the more likely your case will be heard in a higher Court.
Factors and Defences to consider:
- Did you intentionally deceive in an effort to obtain property?
- Were you aware your actions were misleading/deceptive?
- Did you benefit via property?
- 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 property gain?
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What happens next?
If you’ve been charged with Obtaining Property by Deception, the first crucial step is to reach out to MK Law for immediate legal advice. Your lawyer will guide you through the complexities of your case, helping you to understand the charges against you and the potential consequences. They will review all relevant evidence, including any documentation or communications related to the allegation, and work with you to formulate a strong defence strategy tailored to your specific circumstances.
It is essential to attend all court appearances as these are critical to your case. Your lawyer will advise you on how to prepare for these hearings and what to expect during the process. They will also assist you in exploring various possible defences, negotiating potential settlements, or preparing for trial if necessary. Early legal representation is vital, as it equips you with the knowledge and support needed to navigate the legal system effectively, increasing your chances of achieving the best possible outcome.
Moreover, maintaining open lines of communication with your lawyer throughout this process is important. They will keep you informed of any developments in your case and advise you on the best course of action at each stage. If you need expert advice, don’t hesitate to call 1800 130 120 for confidential assistance tailored to your situation.
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