What Is Obtaining Financial Advantage by Deception?
If you have been charged with obtaining a financial advantage by deception, it is important to understand what the offence involves and what the prosecution must prove.
This offence is commonly prosecuted in Victoria and can arise in a wide range of situations, from making false statements to government agencies through to obtaining loans, tax benefits or other financial gains by dishonest means. Despite its name, the offence is not limited to receiving money.
What Is Obtaining Financial Advantage by Deception?
Obtaining financial advantage by deception is an offence under the Crimes Act 1958 (Vic).
In simple terms, the offence occurs where a person, by deception and acting dishonestly, obtains a financial advantage for themselves or another person.
A financial advantage can take many forms. It may involve receiving money that you were not entitled to, avoiding the payment of a debt, obtaining goods or services without paying for them, or avoiding taxes, duties or other financial obligations.
The prosecution must prove each element of the offence beyond reasonable doubt.
What Is a Deception?
A deception is more than simply telling a lie.
It includes any conduct that creates a false impression or misleads another person. A deception may be made verbally, in writing, online or through a person’s actions.
Examples might include providing false information on a loan application, submitting inaccurate documents to obtain a government benefit, making a dishonest insurance claim or falsely claiming an exemption from paying a tax or duty.
Whether conduct amounts to a deception depends on the circumstances of each case.
What Is a Financial Advantage?
A financial advantage does not have to involve receiving cash.
A person may obtain a financial advantage by avoiding a payment they would otherwise have been required to make, obtaining credit, receiving a benefit, reducing a financial liability or securing another financial benefit through dishonest means.
For example, avoiding the payment of stamp duty by falsely claiming an exemption, obtaining Centrelink benefits through false information or securing a loan using misleading documents may all give rise to allegations of obtaining a financial advantage by deception.
What Must the Prosecution Prove?
To secure a conviction, the prosecution must prove beyond reasonable doubt that:
there was a deception;
the deception was dishonest;
the deception resulted in a financial advantage being obtained; and
the accused intended to obtain that financial advantage through the deception.
If the prosecution cannot prove any one of these elements, the charge cannot be established.
Are There Defences?
Yes.
Many allegations turn on whether the accused acted dishonestly or whether there was any deception at all.
Some cases involve genuine mistakes, misunderstandings, accounting errors or incorrect information being provided without any dishonest intention. In other matters, there may be disputes about whether a financial advantage was actually obtained or whether the accused intended to deceive anyone.
Every case depends on its own facts, and the available evidence should be carefully reviewed before any decision is made about pleading guilty.
What Are the Penalties?
Obtaining financial advantage by deception is a serious indictable offence and carries significant maximum penalties.
When sentencing an offender, the court will consider the amount of money or financial benefit involved, the level of planning, whether the offending occurred over an extended period, the impact on any victims, whether there was a breach of trust, your criminal history and your personal circumstances.
Depending on the seriousness of the offending, sentencing options may include a fine, a Community Corrections Order or a term of imprisonment.
Why Legal Advice Is Important
Cases involving obtaining financial advantage by deception are often document-heavy and may involve financial records, emails, bank statements, contracts, government records and electronic communications.
Early legal advice allows the prosecution case to be carefully analysed, identifies any weaknesses in the evidence and ensures that the best possible strategy is adopted from the outset.
Speak to Wilkinson Lawyers
If you have been charged with obtaining financial advantage by deception in Victoria, Wilkinson Lawyers can provide experienced legal advice and representation. We regularly act for clients charged with fraud and other dishonesty offences throughout Victoria. We can assess the prosecution evidence, explain your legal options and work towards achieving the best possible outcome, whether through negotiation, a plea of guilty or a contested hearing.
Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.
