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Obtain Property by Deception (Fraud)
Being accused of dishonestly obtaining property by deception is serious. Understanding your legal position is the first step.
At Emma Turnbull Lawyers, we offer tailored legal advice and strong representation for clients facing deception charges.
Elements of the Offence
To secure a conviction under section 81 of the Crimes Act 1958 (Vic), the prosecution must prove beyond a reasonable doubt that:
- You obtained property belonging to another person;
- You did so with the intention of permanently depriving the person of that property;
- You used deception to obtain the property.
- You acted dishonestly in doing so.
Each of these elements must be proven for a person to be found guilty. Not all deception allegations result in fraud convictions. Context, value, and evidence play a key role.
Will I Have to Go to Court?
Most charges for obtaining property by deception are heard in the Magistrates’ Court, especially when the alleged value is under $100,000. More serious or complex matters, such as those involving co-offending, larger sums, or linked indictable charges may be escalated to the County or Supreme Court.
If found guilty, penalties can be significant, so early legal advice is essential to assess the facts, negotiate outcomes, and minimise risk.
Maximum Penalty
The maximum penalty for obtaining property by deception is:
- 2 years’ imprisonment if heard in the Magistrates’ Court (per offence, with an aggregate sentence limit of 5 years);
- 10 years’ imprisonment if heard in a higher court.
What Sentences Are Usually Given?
Between July 2016 and June 2021, 68 people were sentenced in higher courts for this offence:
- 66% received a term of imprisonment;
- Of those, nearly half received a sentence of 5 years or more.
In the Magistrates’ Court between July 2018 and June 2021:
- 46% of cases resulted in imprisonment;
- 23% received Community Correction Orders;
- Others received fines or other non-custodial outcomes.
The data indicates that imprisonment is frequently imposed, though alternative outcomes may be considered depending on the specifics of your case.
What Do I Do Now?
If you’re being investigated or have been charged with obtaining property by deception, don’t delay seeking legal advice. At Emma Turnbull Lawyers, we:
- Analyse the charges and prosecution evidence;
- Identify any viable defences, including mistaken belief or lack of intent;
- Negotiate with prosecutors to reduce or withdraw charges;
- Represent you in all court hearings.
Early legal advice gives you more options and a better chance at a positive result. Contact our office today to speak to an accredited criminal law specialist on (03) 9077 4834 or at admin@emmaturnbull.com.au
FAQs
What does it mean to obtain property by deception?
It means intentionally acquiring property from someone else through deceitful or dishonest conduct such as lying, impersonating someone, or using false documents.
What must the prosecution prove to secure a conviction?
They must prove that the property was obtained dishonestly through deception and that you intended to permanently deprive the owner of it.
What court will hear my case?
If the alleged value is under $100,000, it will likely be heard in the Magistrates’ Court. Larger or more complex cases may be sent to the County Court.
What penalties might apply?
Depending on the court and circumstances, penalties can include imprisonment, Community Correction Orders, fines, or other sentencing outcomes.
What defences are available?
Common defences include honest mistake, lack of intent, belief in a legal right to the property, or that the conduct was not deceptive.
Do all deception allegations result in fraud convictions?
No. Not all cases go to court, and not all deception matters are pursued as fraud. Outcomes vary depending on the evidence, value, and context.
Can early legal advice make a difference?
Yes. Early advice can help protect your rights during interviews, assess the strength of the case, and shape plea negotiations or defence strategy.
How long could my case take?
That depends on the court’s backlog and the complexity of your matter. Some cases can be resolved quickly, while others may take months or longer.
