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Obtaining Financial Advantage By Deception

Fraud Offences – VIC

Welcome to the VIC Obtaining financial advantage by deception article page. Everything you need to know about Obtaining financial advantage by deception according to VIC law.

What the Law States according to VIC Law for Obtaining financial advantage by deception

According to VIC Law for the charge of Obtaining financial advantage by deception,

Crimes Act 1958 – SECT 82
Obtaining financial advantage by deception

82. Obtaining financial advantage by deception

(1) A person who by any deception dishonestly obtains for himself or another any financial advantage is guilty of an indictable offence

(2) For purposes of this section deception has the same meaning as in section 81.

The Maximum Penalty – Obtaining financial advantage by deception

According to VIC Law for the charge of Obtaining financial advantage by deception, 10 years imprisonment.

What the Police must prove according to VIC Law for Obtaining financial advantage by deception

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 – Obtaining financial advantage by deception

1. Factual dispute
2. Lack of intent
3. Identification dispute

In VIC which court will hear the matter – Obtaining financial advantage by deception

Magistrates Court if if the amount or value of the financial advantage alleged to have been obtained does not in the judgment of the Court exceed $100 000.

County Court if the amount or value of the financial advantage alleged to have been obtained exceeds $100 000.

 

Date: 09/01/2009

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