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Obtaining Property By Deception

Fraud Offences – VIC

The Law – Obtaining property by deception

What the Law states

Crimes Act 1958 – SECT 81
Obtaining property by deception

81. Obtaining property by deception

(1) A person who by any deception dishonestly obtains property belonging to another, with the intention of permanently depriving the other of it, is guilty of an indictable offence

(2) For purposes of this section a person is to be treated as obtaining property if he obtains ownership, possession or control of it, and obtain includes obtaining for another or enabling another to obtain or to retain.

(3) Subsections (12) and (13) of section 73 shall apply for purposes of this section, with the necessary adaptation of the reference to appropriating, as it applies for purposes of section 72.

(4) For the purposes of this section, deception-

(a) means any deception (whether deliberate or reckless) by words or conduct as to fact or as to law, including a deception as to the present intentions of the person using the deception or any other person; and

(b) includes an act or thing done or omitted to be done with the intention of causing-

(i) a computer system; or

(ii) a machine that is designed to operate by means of payment oridentification-

to make a response that the person doing or omitting to do the act or thing is not authorised to cause the computer system or machine to make.

Maximum Penalty – Obtaining property by deception

10 years imprisonment

What the Police must prove – Obtaining property by deception

1. The accused engaged in a deception.
2. The accused did so dishonestly.
3. As a result of the deception the accused obtained ownership, possession or control of property, did so for another person.
4. The property in question belonged to a third party.
5. The accused intended to permanently depriving the third party of that property.

Possible Defences

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

Which court will hear the matter

Magistrates Court if the amount or value of the property 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 property alleged to have been obtained exceeds $100 000.

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