Understanding the Offence of Obtaining Financial Advantage by Deception in Victoria: A Guide for the Accused
Obtaining financial advantage by deception is a serious crime in Victoria, and facing such charges can be an incredibly stressful and overwhelming experience. The legal system is complex, and the potential consequences of a conviction can be severe, leaving you feeling isolated and uncertain about your future. During this challenging time, it is crucial to have a dedicated and experienced legal team by your side, providing the expert guidance, unwavering support, and powerful advocacy you need to navigate the complexities of your case.
Obtaining Financial Advantage by Deception Definition in Victoria
Under Victorian law’s Crimes Act of 1958 under Section 82, Obtaining Financial Advantage by Deception is defined as any individual who dishonestly obtains or attempts to obtain a financial advantage, either for themselves or for another, through deception. This is an indictable offence.
For the purposes of this provision, deception is defined as any act of deceit, whether deliberate or reckless, carried out by means of words or conduct, either in relation to facts or the law. This may include misleading others about the current intentions of the individual using the deception, or the intentions of another person.
Additionally, deception encompasses any act or omission intended to cause a response from a computer system or machine that is designed to operate based on payment or identification, where the individual is not authorised to induce such a response. This provision ensures that actions intended to manipulate or misuse technological systems in a deceptive manner are also subject to legal penalties.
Penalties for Obtaining Financial Advantage by Deception in Victoria
A person who dishonestly acquires a financial benefit for themselves or someone else through any form of deception is committing the offence of obtaining a financial advantage by deception. This is an indictable offence with a maximum penalty of up to 10 years in prison. In certain circumstances, the case may be heard summarily in the Magistrates’ Court.
Note that these are maximum penalties, and the actual sentence will depend on factors like the offender’s criminal history, the harm caused, and any mitigating or aggravating circumstances.
The Role of Fraud & Dishonesty Lawyers in Mitigating Consequences
When facing charges related to fraud or dishonesty offences in Victoria, it is essential to seek the assistance of experienced criminal lawyers. A knowledgeable legal team can offer crucial support throughout the criminal justice process, helping to minimise the potential consequences of the charges.
Not everyone is automatically remanded. We can assist with bail applications for those who are remanded, and it’s important to note that some individuals may also be released on summons or granted bail by the police. Fraud and theft lawyers can support you or your loved one in applying for bail, aiming to allow for release into the community while awaiting trial, subject to appropriate conditions. They will also thoroughly investigate the details of the alleged offence, assessing the evidence and identifying any possible defences or mitigating factors that could reduce the severity of the charges.
In some instances, a skilled lawyer may be able to convince prosecutors to accept submissions the defence intends to make to the Magistrate to advocate for reduced charges or a more lenient penalty through a plea agreement. Ultimately though, it is up to the Magistrate to make the final decision. If the case goes to trial, a lawyer will provide strong representation, challenging the prosecution’s evidence and presenting any available defences to support your case.
Conclusion
Navigating the complexities of obtaining financial advantage by deception charges in Victoria can be a stressful and challenging experience, but you don’t have to face it alone. By engaging the services of experienced criminal lawyers, you can ensure that your rights are protected and increase your chances of securing the best possible outcome in your case.
To schedule a consultation with our experienced lawyers, please don’t hesitate to reach out to us using the following methods:
Phone: Call our phone at (03) 9923 7727 to speak directly with one of our lawyers. Our lines are available Monday – Friday at 9am – 5pm to ensure you can access the help you need, whenever you need it.
In-Person: Our office is located at 1105, 530 Little Collins Street, Melbourne 3000. Book an appointment and visit us in person to discuss your case in a confidential setting. A Zoom meeting can also be arranged if you are unable to physically make it into the office.
Disclaimer: The information provided is of a general nature and not tailored to your individual circumstances. Please get in touch for independent legal advice specific to your situation.