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Financial Advantage By Deception
If you have been charged with financial advantage by deception, here is some information to know and consider in seeking legal advice with Emma Turnbull Lawyers.
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Elements of the offence
There is not a criminal offence of fraud, but there are a number of offences that involve fraudulent behaviour, and Obtaining a Financial Advantage by Deception is one of those offences. If you have been charged with Obtaining a Financial Advantage by Deception, here is some information to know and consider in seeking legal advice with Emma Turnbull Lawyers. For the prosecution to prove the offence of Obtaining a Financial Advantage by Deception, they must prove beyond a reasonable doubt all of the elements of the offence set out in s 82 of the Crimes Act 1958 (Vic) which are as follows:
- The accused obtained a financial advantage for themself or another (although not defined, a financial advantage would be a more favourable economic, monetary or commercial position than otherwise); and
- The accused used deceit to obtain the financial advantage; and
- The accused obtained the financial advantage dishonestly.
Will I have to go to court?
Charges for Obtaining a Financial Advantage by Deception are often dealt with summarily in the Magistrates’ Court. However, depending on the circumstances of the offence and any other charges laid, the case may be heard in a higher court. Expert legal advice is important in ensuring the most appropriate defence to a charge of Obtaining a Financial Advantage by Deception.
Once the case goes to court, it is up to the prosecution to prove all the elements of the offence. It is important that you seek expert legal advice to prepare a defence and to represent you in court as this offence carries a significant maximum sentence of imprisonment.
Maximum Penalty
Charges for Use False Document are often dealt with summarily in the Magistrates’ Court. Between 1 July 2016 to 30 June 2021, 156 people were sentenced for Obtaining a Financial Advantage by Deception in the higher courts, with 99 people (64%) sentence to imprisonment, where 22 of those were sentenced to 5 years or more imprisonment.
Between 1 July 2018 to 30 June 2021 the Magistrates Court dealt with 1,013 cases and imprisonment was imposed in 46% of cases, and a community corrections order in 24% of cases.
Why Choose Emma Turnbull Lawyers to Defend White Collar Crime Charges?
Every case is overseen by an Accredited Criminal Law Specialist.
Emma Turnbull Lawyers focuses exclusively on criminal law, offering specialised defence. We handle high-stakes cases across Victoria, providing clear, strategic direction when your liberty is on the line.
Specialist
Every lawyer on our team focuses exclusively on criminal law and intervention orders - no general practice distractions.
Accredited
Our partners hold specialist accreditation recognised by the Law Institute of Victoria - a qualification held by only a small number of lawyers.
Strategic
No generic advice, just strategic preparation and advocacy designed to protect futures.
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