If you’ve been charged with obtain benefit by deception, we are here to help. We’re committed to providing you with quality advice, and assisting you to obtain the best possible outcome for your case.
Examples of obtaining a benefit by deception
Obtaining a benefit by deception, also known as fraud, involves:
- Dishonestly obtaining property belonging to someone else, or
- Obtaining a financial advantage, or
- Causing someone else a financial disadvantage.
For example:
- Using someone else’s credit card without their consent
- Paying for a product or service with a fake cheque
- Changing a barcode on a product to purchase the product for a cheaper price
- Transferring money from a work bank account to a personal bank account without authorisation
An alternative charge for fraud is larceny.
Can I avoid a criminal record for obtain benefit by deception?
The court takes these offences extremely seriously. It is the type of matter where ‘general deterrence’ is an important matter for the court to consider during sentencing. In other words, a court will sentence a person in a way that will deter others from committing the same offence. As a result, avoiding a conviction is difficult.
In deciding whether or not to record a conviction, the court will consider your criminal history, the seriousness of the offence, and your subjective circumstances.
A conditional release order will likely be imposed if no conviction is recorded.
Will I go to jail?
The maximum penalty is 10 years imprisonment. However, the maximum penalty is 2 years if dealt with by a Local Court.
It is therefore possible to receive a term of imprisonment for this offence. However, there are other options available to the court, such as an intensive corrections order or community corrections order. Full time imprisonment is unlikely if you do not have a criminal history and the offence is not too serious.
Can I defend an obtaining benefit by deception charge?
Yes. For example:
- You were of the belief that you were lawfully entitled to do what you did
- You acted under duress
- There was no dishonesty or deception
- You did not obtain an advantage or cause a disadvantage
We can help
Our lawyers appear in criminal matters in the Local Court and District Court throughout Sydney, Newcastle and New South Wales. We can help you defend the charge, or prepare to receive the best possible sentence.
Contact us today on 0421 700 497 for a free initial consultation.
