What is Fraud/Obtain benefit by Deception ?

A person who, by deception, dishonestly obtains property belonging to someone else, or obtains a financial advantage or causes a financial disadvantage, is guilty of fraud. Section 192E of the Crimes Act 1900 (NSW) covers the majority of conduct falling under the general umbrella of “fraud”.

Case law/Jurisdiction
The offence is an indictable offence, which means that it may be heard in the higher courts; however, it is often also dealt with in Local Court. The charge will be in the limits of the Magistrates’ Court if: (1) The amount that is the subject of the financial advantage does not exceed $100,000 (2) The Magistrate considers the charge appropriate to be dealt with summarily; and (3) The accused consents– (this is something you should seek advice from an expert criminal lawyer on).

The nature and penalties of white collar crime/the offence were considered in the case of R v Brown (Unerp), 1/8/94, NSWCCA. In that case it was said that it should be noted that the appropriate sentence involves the consideration of a number of factors, and general deterrence, although an important consideration, is only one of those factors. Additionally, there is no general rule or principle stating that in relation to “white collar crime offences” a full-time prison sentence is inevitable.

In addition to the general factors to be considered on sentence, the following factors will often be particularly relevant:

The amount of money involved

  • The length of time of the fraud
  • Whether the offender occupied a position of trust when the fraud was committed.
  • Whether there was any sophistication in the method employed to defraud
  • The motive behind the offending.

The Law

The offence of is contained in section 192E of the Crimes Act 1900 (NSW) which states: A person who, by any deception, dishonestly:

“Obtains property belonging to another, or

Obtains any financial advantage or causes any financial disadvantage,

Is guilty of the offence of fraud.

Deception is defined as:

any deception, by words or other conduct, as to fact or as to law, including:

A deception as to the intentions of the person using the deception or any other person, or

Conduct by a person that causes a computer, a machine or any electronic device to make a response that the person is not authorised to cause it to make.

Dishonesty means

Dishonest according to the standards of ordinary people and known by the defendant to be dishonest according to the standards of ordinary people.

A person “obtains property” if:

The person obtains ownership, possession or control of the property for himself or herself or for another person, or

The person enables ownership, possession or control of the property to be retained by himself or herself or by another person, or

The person induces a third person to do something that results in the person or another person obtaining or retaining ownership, possession or control of the property.

“Obtain” a financial advantage includes:

Obtain a financial advantage for oneself or for another person, and

Induce a third person to do something that results in oneself or another person obtaining a financial advantage, and

Keep a financial advantage that one has, whether the financial advantage is permanent or temporary.

Cause a financial disadvantage means:

Cause a financial disadvantage to another person, or

Induce a third person to do something that results in another person suffering a financial disadvantage, whether the financial disadvantage is permanent or temporary.”

What must the prosecution prove?

Since obtain a benefit by deception is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove the Accused’s guilt beyond reasonable doubt.

That is a high standard of proof that the prosecution must achieve before someone can be convicted of obtain a benefit by deception.

To establish obtain a benefit by deception the prosecution must prove each of the following matters 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 the property, advantage, or disadvantage was dishonest.

If you are charged with the offence of obtain a benefit by deception what are your options?

National Criminal Lawyers have been successful in defending a number of obtain a benefit by deception charges where the prosecution could not establish each of the elements of obtain a benefit by deception. We have also achieved a number of non-convictions for obtain a benefit by deception charges.

NCL offer the following options for those who have been charged with obtain a benefit by deception:

  1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”);
  2. NCL will Plead Not Guilty and go to hearing/trial;
  3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing); and/or
  4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf seeking a non-conviction by the Court.

Fequently Asked Questions

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. Your best chance to get the result you’re after

We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.

2. How a Senior Defence Lawyer Can Help You Deal With Criminal Charges

No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.

If you have been charged with any driving offence our Team and National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.

Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.

Book A FREE Consultation

Make a Booking Online Now WE ARE HERE FOR YOU 24/7



Contact Us Now

Contact Us Now!

"*" indicates required fields