Speak to a Melbourne Criminal Lawyer. Call 1300 331 331

Obtain a financial advantage by deception (Commonwealth) (common Centrelink charge)

Commonwealth Offences – VIC

Welcome to the VIC Obtain a financial advantage by deception (Commonwealth) (common Centrelink charge) article page. Everything you need to know about Obtain a financial advantage by deception (Commonwealth) (common Centrelink charge) according to VIC law.

What the Law States according to VIC Law for Obtain a financial advantage by deception (Commonwealth) (common Centrelink charge)

According to VIC Law for the charge of Obtain a financial advantage by deception (Commonwealth) (common Centrelink charge):

Obtain a financial advantage by deception (Section 134.2(1) of the Criminal Code ACT 1995)

134.2 Obtaining a financial advantage by deception

(1) A person is guilty of an offence if:

(a) the person, by a deception, dishonestly obtains a financial advantage from another person; and

(b) the other person is a Commonwealth entity.

Penalty: Imprisonment for 10 years.

(This charge is often used in relation to Centrelink charges)

The Maximum Penalty – Obtain a financial advantage by deception (Commonwealth) (common Centrelink charge)

According to VIC Law for the charge of Obtain a financial advantage by deception (Commonwealth) (common Centrelink charge), maximum period of imprisonment for this offence is 10 years.

What the Police must prove according to VIC Law for Obtain a financial advantage by deception (Commonwealth) (common Centrelink charge)

1. The accused engaged in a deception.
2. The accused acted dishonestly.
3. As a result of the deception the accused obtained a financial advantage for himself or herself or another person.

Possible Defences under VIC Law – Obtain a financial advantage by deception (Commonwealth) (common Centrelink charge)

1. Factual dispute. Charges for Centrelink Fraud (which is often what this is used for) are often based on large files that are very confusing as to what actually occurred.

2. Lack of intent to act dishonestly.

3. No financial advantage sought to be gained.

In VIC which court will hear the matter – Obtain a financial advantage by deception (Commonwealth) (common Centrelink charge)

These matters will generally be held in the Magistrates Court. If it is a Centrelink charge then they will have an Commonwealth prosecutor. If the amount is over 100,000 the matter will be heard in the County Court.

 

Date: 09/12/2010

Get Quick Legal Advice

Your Name (required)

Your Email (required)

Your Phone Number (required)

Your State (required)

Subject

Your Message

Check if you're not a robot: