Fraud
6. Obtain a Financial Advantage
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 24 Jul 2015
- This offence relates to the situation where an accused person gains or obtains a financial advantage from someone else by fraudulent behaviour.
- It is different to the offences of theft or obtaining property by deception as it covers circumstances where an accused person dishonestly obtains credit or services.
- 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 a specialist criminal lawyer near you.
- In order to prove the offence of obtaining a financial advantage by deception the prosecution must prove the following:
- that the accused obtained a financial advantage;
- that the accused obtained that financial advantage by deception; and
- that the accused acted dishonestly.
- The term ‘financial advantage’ is broad and includes the following situations:
- gaining a pecuniary (financial) advantage;
- evading a debt completely or temporarily;
- obtaining an overdraft or a line of credit;
- obtaining a contract of insurance on more favourable terms than would otherwise be the case; and
- being given the opportunity to earn a greater salary in employment.
- The financial advantage 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 a financial advantage dishonestly means that the accused person knew that they were not legally entitled to the financial advantage.
- Unlike theft or obtaining property by deception this offence is not required to have been committed:
- against property belonging to another person; or
- with the intention of permanently depriving a person of that property.
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