In Victoria, fraud charges and other financial offences are legislated under the Crimes Act 1958 (Vic) and the Summary Offences Act 1966 (Vic). At the federal level, the Criminal Code Act 1995 (Cth) also provides for various offences related to financial crimes.

Examples of such crimes are as follows:

1. Obtaining Property or Financial Advantage by Deception

2. Blackmail

3. Money laundering

4. False Accounting and Falsification of Documents

5. Centre Link Fraud

Obtaining property by deception

It is important to understand the law surrounding this charge. In this article, we will go over the elements of the offence and what you need to know if you are facing charges. If you need legal help, don't hesitate to contact us - we are criminal lawyers near you who are ready to help.

To be convicted of obtaining property by deception, the prosecution must prove the following elements:

• You obtained property belonging to someone else.

• You intended to permanently deprive the owner of the property.

• You used deceit to obtain the property.

• You obtained the property dishonestly.

Our criminal lawyers can explain the legal definitions of these elements to help you understand the charges you face.

Element 1: Obtaining Property Belonging To Another

For the first element to be met, it must be satisfied that:

• You obtained something;

• The thing obtained was property; and

• The property belonged to another person.

Property

For the first element to be met, the property obtained must meet the legal definition of "property". This includes money and other physical or intangible property such as debts. However, some intangible items, such as confidential information or copyright, may not be considered property.

Belonging To Another

The property must belong to another person for this element to be met. The law considers property to belong to anyone who has possession or control of it or any other proprietary right or interest in it. This includes legal and equitable proprietary interests.

Element 2: Intention To Permanently Deprive

The second element requires you to have intended to permanently deprive the owner of the property when you obtained it. This means you had no intention of returning the property to the rightful owner.

Element 3: Deception

The third elements that must be proven by the prosecution is that the property was obtained as a result of deception. This means that there must be a causal connection between the deception used and the obtaining of the property. Our criminal lawyers can help you understand the following points related to this requirement:

• The prosecution must prove that the deception operated on the mind of the person deceived.

• It is up to the jury to decide whether the deception was an "operative cause" of the obtaining.

• As long as a causal connection is proved, the property does not need to have been obtained from the same person who was deceived.

• It is not necessary to prove that the person deceived suffered a loss.

Element 4: Dishonesty

In addition to the requirement for deception, the property must have been obtained "dishonestly". Our criminal lawyers can explain the following points about this requirement:

• The prosecution must prove that when the accused obtained the property by deception, they were acting dishonestly.

• Dishonesty has a specific legal meaning in this context, which is that the accused acted without a belief in a legal right to obtain the property.

• This interpretation of "dishonesty" differs from the interpretation in other jurisdictions, such as the English Theft Act.

• The accused's claim of legal right must extend to all of the property taken, not just part of it.

• A moral belief in the right to obtain the property is not sufficient.

• The accused must have believed that they had a legal right to take the property and deprive the other person of possession.

Fraud Charges: Obtaining Property or Financial Advantage by Deception

If you have been accused of fraud in Victoria, it is important that you seek the advice of a legal professional who can guide you through the legal process and help you understand your rights and options.

At Dhillon Legal, our team of expert criminal lawyers has a proven track record of success in defending clients facing fraud charges.

Possible Defences Against Charges of Obtaining Property By Deception

• You believed you had a right to the property.

• You did not use deceit to obtain the property.

• You did not intend to permanently deprive the owner of the property.

• You did not know the property belonged to someone else.

• You did not act dishonestly.

Our criminal lawyers can help you understand the available defences and advise you on the best course of action.

Penalties for Obtaining Property By Deception

The penalties for obtaining property by deception are serious and can include fines and imprisonment. The severity of the punishment depends on the value of the property obtained and whether it was obtained through fraud or other illegal means. Our criminal lawyers can provide more information on the potential penalties.

Get Help From A Criminal Lawyer Near You

If you are facing charges of obtaining property by deception, it is important to get legal help. Our criminal lawyers are experts in criminal law and can help you understand the charges against you and the possible defences. We are also available to represent you in court and fight for your rights. Contact us today to schedule a consultation with a criminal lawyer near you.