Obtain Property/Financial Advantage or Cause Financial Disadvantage by Deception
The offence of Obtain Property/Financial Advantage or Cause Financial Disadvantage by Deception is found in section 192E of the Crimes Act 1900 (NSW) which deems a person guilty if they by deception, dishonestly obtains property belonging to someone else, or obtains a financial advantage or causes a financial disadvantage, is guilty of an offence
Charged with Fraud?
Obtaining a financial advantage is a serious offence under both NSW and federal law. In NSW, it falls under section 192E of the Crimes Act 1900, while federally, it’s found in division 134.2 of the Criminal Code Act 1995.
Defined as a form of fraudulent activity, obtaining a financial advantage involves deceiving others to dishonestly obtain property or financial benefits, or causing financial harm. Specifically, section 192 of the Crimes Act 1900 outlines that individuals who, through deception, acquire property belonging to others or gain any financial benefit, are guilty of fraud.
To fully grasp the concept of obtaining a financial advantage, it’s crucial to understand how Australian law defines deception and dishonesty. According to section 192B of the Crimes Act 1900 (NSW), deception encompasses any act of misleading through words or conduct, whether regarding fact or law. This includes deceiving others about intentions or causing unauthorized responses from electronic devices.
Importantly, an individual isn’t deemed to commit an offence under this Part unless the deception is intentional or reckless. Proving intent can be challenging, as it involves demonstrating deliberate actions aimed at causing harm. On the other hand, recklessness in legal terms pertains to situations where the accused knows or should know that their actions could lead to harm. Both intentional and reckless actions are integral to deceptive and fraudulent behavior.
You could be charged with Obtain Property/Financial Advantage or Cause Financial Disadvantage by Deception if you:
- Obtain money by impersonating the Australian Taxation Office
What must the prosecution prove?
Since this offence is dealt with in the criminal jurisdiction, the burden of proof for establishing this offence rests solely with the Prosecution.
The prosecution must prove the following beyond reasonable doubt:
- That you, by deception;
- Obtained a financial advantage; or
- Caused a financial disadvantage; or
- Obtained property belonging to another; and
- The obtaining of that property was dishonest.
Deception, as outlined in legal terms, encompasses any act of misleading through words or conduct, whether regarding fact or law. This includes deceiving others about intentions or causing unauthorized responses from electronic devices. Dishonesty, on the other hand, refers to actions that contravene the standards of ordinary people, known by the defendant to be dishonest according to these standards.
In the context of obtaining a financial advantage, ‘obtaining property’ entails gaining ownership, possession, or control of the property for oneself or another person. It also includes enabling the retention of ownership, possession, or control by oneself or another person, or inducing a third party to take action resulting in such ownership.
‘Obtaining’ a financial advantage extends to gaining such advantage for oneself or another person, inducing a third party to act in a manner resulting in such advantage, or retaining a financial advantage, whether permanently or temporarily.
Conversely, ‘causing a financial disadvantage’ involves inflicting financial harm on another person or inducing a third party to act in a manner leading to such harm, whether permanently or temporarily.
What are the maximum penalties for this offence?
The maximum penalties for Obtain Property/Financial Advantage or Cause Financial Disadvantage by Deception in NSW is:
- Ten years imprisonment.
How Can I Defend The Charges?
Several defences may be raised against this charge, including:
- Duress: If the offence occurred under coercion or threat, the accused may argue that they had no choice but to act in the manner alleged.
- Absence of Dishonesty: The accused may contend that their actions were not dishonest according to prevailing standards.
- Lack of Deception: It could be argued that no deceptive conduct occurred as per the legal definition outlined.
- No Financial Advantage or Disadvantage: If the accused did not gain any benefit or cause any harm, they may assert this as a defence against the charge
What are your options at Law?
- Negotiate with prosecutors to withdraw or amend the charges.
- Plead not guilty to the charges and present a case at a Hearing/Trial to challenge the prosecution’s case.
- Plead guilty to the charges but dispute the facts alleged at a “disputed facts hearing”.
- Plead guilty to the charges and the facts at a Sentencing hearing with an objective to obtain the most lenient penalty available.
If you agree that you have committed the offence and/or the police are able to establish the offence, it is best to plead guilty at the earliest possible opportunity to receive the maximum discount. The maximum discount available for an early plea of guilty is 25% of the sentence the Court is minded to impose.
Generally, if you are guilty of an offence and would like to avoid a criminal conviction, it is preferable that you enter a plea of guilty at the earliest opportunity.
Facing charges of Obtaining Property or Financial Advantage, or Causing Financial Disadvantage through Deception?
It’s crucial to have the right legal support on your side. At Barsha Defence Lawyers, we understand the complexities of such cases and are here to provide you with expert advice and representation. Our experienced team specializes in defending clients against a range of fraud-related charges, including those outlined in section 192E of the Crimes Act 1900 (NSW) and division 134.2 of the Criminal Code Act 1995. We have a deep understanding of Australian fraud laws and can help you navigate the legal process with confidence. When it comes to defending against charges of Obtaining Property or Financial Advantage by Deception, it’s essential to explore all possible defenses. Our skilled lawyers will assess your case thoroughly and develop a tailored defense strategy to achieve the best possible outcome for you. Don’t face these charges alone. Contact Barsha Defence Lawyers today to schedule your first free consultation. We’re here to provide you with the support and guidance you need during this challenging time.