Need a Criminal Law lawyer in VIC?
Speak to a qualified local lawyer today. Free 24/7 hotline or book a $295 consultation.
This article was prepared by Go To Court Lawyers, Australia's largest legal service. For legal advice specific to your situation, call 1300 636 846.
Fraud in Victoria includes a number of offences involving deception, including the offences of obtaining property by deception, obtaining financial advantage by deception, falsification of documents and false accounting. This article outlines offences related to fraud in Victoria.
Obtaining property by deception
The offence of obtaining property by deception is contained in section 81 of the Crimes Act 1958 which states that it is a crime for a person to act deceptively and with dishonesty obtain or acquire property that belongs to someone else. The offence requires an intention to permanently deprive the rightful owner of the property.
The offence of obtaining property by deception carries a maximum penalty of ten years imprisonment.
The term property is given a wide meaning under section 71 of the Crimes Act 1958. It includes all real and personal property, and specifically includes money and intangible property. The property that is obtained must belong to another. Property will be considered to belong to somebody else when that person has possession or control of it, or has a legal right or interest in the property. This is in comparison to property which has clearly been abandoned.
Obtaining financial advantage by deception
The offence of obtaining financial advantage by deception is governed by section 82 of the Crimes Act. It occurs when a person dishonestly obtains a financial advantage for themselves or for another person.
This offence attracts a maximum penalty of ten years imprisonment.
The requirements of deception and dishonesty have been given the same meaning as the other offences of fraud in Victoria. The term financial advantage has been given a broad interpretation. It essentially means something that improves the financial situation of the person in question.
What is deception?
The term deception is given a particular legal meaning when discussing fraud in Victoria. Deception is defined in section 81(4) of the Crimes Act 1958. It includes words or conduct as to matters of fact or law that are deceitful about the true nature of things.
The law also expressly provides that it is deceitful to do something with a machine or a computer with the intention to make it respond in a way which you do not have the authority to do. For example, it would be deceitful to use somebody else’s bank card and PIN to withdraw money from an Automatic Teller Machine (ATM) without that person having first authorised you to do so.
In order to be considered deception, the accused’s conduct or words must be either intentional or reckless. To behave in a reckless way is essentially to say or do something knowing that there is a substantial risk that it might be deceptive, but carrying on anyway.
It is also necessary for the deception to actually play a part in obtaining the property. That is, there must be a cause and effect relationship between the deception and property actually being obtained.
What is dishonesty?
For fraud-related offences in Victoria, the word ‘dishonesty’ also carries a particular meaning. A person behaves dishonestly if they purposefully obtain an item of property without the genuine belief that they had a legal right.
Other offences of fraud in Victoria
There is a range of offences related to fraud in Victoria under Division 2 of the Crimes Act 1958. These include:
- False accounting (section 83);
- Falsification of documents (section 83A);
- False statements by company directors (section 85);
- Suppression of documents (section 86); and
- Blackmail (section 87).
Each of these offences apply in particular factual circumstances, involve different legal elements, and have different maximum penalties. It is therefore particularly important to seek legal advice if you are charged with an offence related to fraud in Victoria.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
faqs: - question: 'What does dishonesty mean in Victorian fraud offences?' answer: 'Dishonesty in Victorian fraud cases is assessed according to community standards of ordinary honest people. The court considers whether the defendant''s conduct would be regarded as dishonest by reasonable members of society. This is an objective test that looks at the moral standards expected in the community, rather than what the individual defendant personally considered to be honest or dishonest behaviour.' - question: 'How does Victorian law differ from other states when prosecuting fraud cases?' answer: 'Victorian fraud law under the Crimes Act 1958 has specific definitions for deception and property that may differ from other jurisdictions. Victoria requires intention to permanently deprive for obtaining property by deception, and gives property a particularly broad definition including intangible assets. The maximum penalties of ten years imprisonment for both obtaining property and financial advantage by deception are also jurisdiction-specific under Victorian legislation.' - question: 'How much does it cost to get legal advice about fraud charges in Victoria?' answer: 'Go To Court Lawyers offers fixed-fee consultations for $295 to discuss your fraud charges in Victoria. During this consultation, an experienced criminal lawyer will review your case details, explain the charges you''re facing, assess potential defences, and provide clear advice about your legal options. This transparent pricing helps you understand the cost upfront without any hidden fees or surprises.' - question: 'How can a criminal lawyer help defend against fraud charges in Victoria?' answer: 'A criminal lawyer can challenge the prosecution''s evidence of deception, dishonesty, or intention to permanently deprive. They can examine whether property actually belonged to another person, negotiate with prosecutors for reduced charges, identify procedural errors in the investigation, and present compelling defences in court. Experienced lawyers understand Victorian fraud law complexities and can develop strategic defences tailored to your specific circumstances.' - question: 'Are there time limits for prosecuting fraud offences in Victoria?' answer: 'Most fraud offences in Victoria must be prosecuted within statutory limitation periods, though serious indictable offences may have extended timeframes. If you''re under investigation or have been charged, immediate legal representation is crucial as early intervention can significantly impact the outcome. Police interviews and court appearances have strict deadlines, making prompt legal advice essential to protect your rights and build an effective defence strategy.' ---