Fraud
5. Obtaining Prop by Deception
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 24 Jul 2015
- This offence relates to the situation where an accused person gains or obtains property or money from someone else by fraudulent behaviour.
- It is different to theft because the owner of the property is induced or persuaded to give it to the accused person through deception or dishonesty.
- This Guide looks at the laws which apply in Victoria. The laws in other states and territories may be similar but only an experienced lawyer can tell you how the laws where you live apply in your situation. You can use our free Find a Lawyer directory to contact an experienced criminal lawyer near you.
- In order to prove the offence of obtaining property by deception the prosecution must prove the following:
- that the accused obtained property belonging to another person;
- that the accused did so with the intention of permanently depriving the other person of that property;
- that the accused obtained the property by deception; and
- that the accused obtained the property dishonestly.
- ‘Obtaining’ means acquiring ownership, possession or control of property that belongs to another person.
- Property includes the following:
- money;
- real property such as real estate or land;
- personal property such as cars or jewellery; and
- things with no physical existence such as debts.
- The accused does not need to have obtained the property for themselves. You can also be found guilty if you obtained the property for another person or helped another person to do so.
- An intention to permanently deprive means that the accused person intended that the owner would never get the property back. It is different to borrowing an item with the genuine intention of returning it to the owner.
- The property must have been obtained by deception. Deception has two parts:
- the accused made a false representation or told a lie;
- it is enough that the accused person knew that the representation or lie was probably false at the time it was made; and
- the accused person intended that the false representation or lie be acted on by the victim.
- Obtaining property dishonestly means that the accused person knew that they were not legally entitled to the property.
- Where a company commits the offence any officeholders of the company such as directors or managers may also be guilty if the prosecution can prove the offence was committed with their consent or participation.
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