We have over 30 years of experience acting for clients charged with fraud related offences.
Fraud offences are grouped together in Sections 81 to 87 of the Crimes Act 1958 Vic and include:
- 81. Obtaining property by deception
- 82. Obtaining financial advantage by deception
- 83. False accounting
- 83A. Falsification of documents
- 83B. Abolition of common law offences of forgery and uttering
- 84. Liability of company officers for certain offences by company
- 85. False statements by company directors etc.
- 86. Suppression etc. of documents
- 87. Blackmail
Sections 81 and 82 of the Crimes Act contain the definitions of the crimes of Obtaining property and financial advantage by deception. Like most other criminal offences, the prosecution must prove beyond reasonable doubt both the physical and mental elements of the offence.
S.81(1) provides that:
“A person who by any deception dishonestly obtains property belonging to another, with the intention of permanently depriving the other of it, is guilty of an indictable offence”
Similarly, S.82 provides that:
“A person who by any deception dishonestly obtains for himself or another any financial advantage is guilty of an indictable offence”
In the event that the police or other agencies wish to speak with you or someone you know regarding any fraud offence, it is critical that you obtain expert legal advice before participating in any interview process.
At Lewenberg & Lewenberg, we have over 30 years of experience acting for clients charged with fraud related offences. We have been involved in large scale cases involving tens of thousands of documents requiring careful analysis. Our experience means that we understand the offence, can advise you of the defences available and utilise techniques to manage your case in order to achieve the most favourable outcome in the circumstances.