If you are charged with obtaining a benefit by deception it means that you have dishonestly obtained money or property belonging to someone else or caused a financial disadvantage to someone else (fraud). An example of this is if you have fraudulently transferred money into your bank account from someone else’s bank account and have done so dishonestly.

Section 192E of the Crimes Act 1900 covers the offence under Fraud. Section 192E of the Crimes Act 1900 states that 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.

In order to be found guilty of ‘Obtain a benefit by deception’ the prosecution must prove beyond reasonable doubt that:
· You or a person who, by any deception, dishonestly:
· Obtained property belonging to another person, or
· Obtained any financial advantage or caused any financial disadvantage.

If any of these elements cannot be proven beyond reasonable doubt then you will be found not guilty.

What are my options?

You may choose to plead guilty or not guilty.

Pleading Guilty

If you accept and agree with the charge Obtaining a benefit by deception (fraud), then you agree with what the police have alleged. An early plea of guilty entitles you to a 25% discount on sentence. It is definitely worth getting in touch with one of our experienced lawyers at the earliest so they can try their best to negotiate the police facts of the charge and the charge itself. It is common for experienced lawyers to try and negotiate the facts that the judge will read when sentencing you. The facts the judge reads will give the judge an understanding of what sentence you should receive.

Our experienced lawyers work hard to try and negotiate the facts, or try to have the charge negotiated to a different and less serious charge. Speak to one of our experienced team today.

The offence of Fraud carries a maximum penalty of 2 years imprisonment in the Local Court and a maximum penalty of 10 years imprisonment in the District Court. Fraud is an offence that encapsulates a wide range of conduct therefore the seriousness of the charge is dependent on the offending.
If you are facing charges of Fraud call and speak to one of our experienced lawyers today to best advise you on how to deal with the charge. This is a serious charge, our lawyers will come up with the best strategy for you and strive to achieve the best result.

Pleading Not Guilty

If you disagree with the charge Obtaining a benefit by deception (Fraud charge), then it is best you enter a plea of not guilty. Defences that can be used are:

· Duress-Where you were seriously threatened to obtain a benefit by deception. Your actions taken need to be reasonable in that your conduct was to avoid serious death or injury.

· Necessity- where it was vital that you obtain a benefit by deception to prevent serious injury, danger or death.

· Self Defence- Where it was crucial that you obtained a benefit by deception to protect yourself, another person or property.

The burden of proof is on the prosecution to prove beyond a reasonable doubt that you by any deception or dishonesty obtained property belonging to another person, or obtained any financial advantage or caused any financial disadvantage. If the prosecution fail to prove these elements then you will be found not guilty.

If the prosecution fails to prove these elements, then you will be found not guilty.