Obtain Financial Advantage By Deception- Statutory Offence : CRIMES ACT 1958 -S 82

Elements Prosecution Must Prove

1- Accused obtains a financial advantage for himself or another.
2- Financial Advantage is obtained dishonestly by deception.

What is a Financial Advantage?

Courts have held the words "financial advantage" to have a plain meaning and not be construed narrowly. Finance encapsulates that which is financial, for example, payment of a debt, borrowing money, a ransom, a stake in a company. Advantage in its plain meaning, to have the better of another, to have a superior position, to profit.

What is Deception?

Deception must be causally related to the financial advantage. If financial advantage happens without deception, there is no offence under s82.

What is Dishonesty?

Whether an act is dishonest must be determined by the "standards of ordinary decent people". Prosecution must prove accused had knowledge, belief or intent to make act dishonest.

Sentencing

Maximum sentence is 10 years imprisonment. Chances of imprisonment depend on quantum involved, the degree of deception and dishonesty involved and existence of mitigating and aggravating factors.

Related Offences

  1. Blackmail
  2. False accounting
  3. Theft

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