Have you been charged with Obtaining a Financial Advantage by Deception?
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What does it mean to be charged with Obtaining a Financial Advantage by Deception?
Being charged with obtaining a financial advantage by deception means that a person is accused of dishonestly gaining a financial benefit by misleading or deceiving another party. This offence is covered under Section 82 of the Crimes Act 1958 (“CA”), and typically involves providing false information, concealing the truth, or engaging in deceptive conduct to obtain money, property, services, or any other financial gain.
What is Deception?
Deception refers to the act of misleading or causing someone to believe something that is not true, typically with the intent to gain an advantage or avoid a negative consequence. It involves dishonesty or trickery and can take various forms such as making false statements, concealing important information, or creating a misleading impression. Examples of deception include, false representation, omissions, creating false impressions.
What does the prosecution need to prove?
- You engaged in deception
- You did so dishonestly; and
- As a result of the deception, you obtained financial advantage for yourself or another person.
Penalties for Obtaining Financial Advantage by Deception:
Level 5 imprisonment being a maximum of 10 years.
Where will my case be heard?
Cases of obtaining financial advantage by deception can be heard in either the Magistrates’ Court or the County Court of Victoria, depending on the seriousness of the offence.
Factors and Defences to consider:
- Did you intentionally deceive in an effort to obtain a financial advantage?
- Were you aware your actions were misleading/deceptive?
- Did you benefit financially? How much?
- Was your intention to deprive them permanently?
- Do you have any previous convictions of a similar nature?
- Was the victim particularly vulnerable or easily exploited?
- What were the surrounding circumstances of your offence?
- Did you receive any consent from the victim in relation to your financial gain?
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What happens next?
If you’ve been charged with obtaining a financial advantage by deception, the first step is to contact MK Law to get immediate legal advice. Your lawyer will help you understand the case against you, review the evidence, and prepare a defence. It’s important to attend all court appearances and work closely with your lawyer to explore possible defences, negotiate settlements, or prepare for trial. Early legal representation can help you navigate the process and aim for the best possible outcome. Call 1800 130 120 to obtain confidential expert advice today.
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