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Section 192C Crimes Act 1900
Obtaining Property Belonging to Another

Section 192C of the Crimes Act 1900 is Obtaining Property Belonging to Another and is extracted below.

For expert advice and outstanding representation from Australia’s Most Awarded Criminal Defence Firm, call Sydney Criminal Lawyers® today on (02) 9261 8881 and let our experienced defence team help you.

The Legislation

Section 192C of the Crimes Act 1900 deals with the offence of ‘Obtaining Property Belonging to Another’ and reads as follows:

192C Obtaining Property Belonging to Another

(1) For the purposes of this Part, a person

“obtains property” if:

(a) the person obtains ownership, possession or control of the property for himself or herself or for another person, or

(b) the person enables ownership, possession or control of the property to be retained by himself or herself or by another person, or

(c) the person induces a third person to do something that results in the person or another person obtaining or retaining ownership, possession or control of the property.

(2) A person does not commit an offence under this Part by obtaining or intending to obtain property belonging to another unless the person intends to permanently deprive the other of the property.

(3) For the purposes of this Part,

“property belongs” to a person if:

(a) the person has possession or control of the property, or

(b) the person has a proprietary right or interest in the property (not being an equitable interest arising only from an agreement to transfer or grant an interest or from a constructive trust).

If property is subject to a trust, the persons to whom it belongs include any person having a right to enforce the trust.

(4) A person obtaining property belonging to another without meaning the other permanently to lose the thing itself has, nevertheless, the intention of permanently depriving the other of it if the person’s intention is to treat the thing as his or her own to dispose of regardless of the other’s rights. A borrowing or lending of the property may amount to so treating it if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.

(5) Without limiting the generality of subsection (4), if:

(a) a person has possession or control (lawfully or not) of property belonging to another, and

(b) the person parts with the property under a condition as to its return that the person may not be able to perform, and

(c) the parting is done for the purposes of his or her own and without the other’s authority,

the parting amounts to treating the property as his or her own to dispose of regardless of the other’s rights.

Why Sydney Criminal Lawyers®?

Being charged with Obtaining Property Belonging to Another can have a detrimental impact on your life, career and your professional reputation.

But by arming yourself with the best possible defence, you can avoid these potential consequences.

At Sydney Criminal Lawyers®, our lawyers are experts in the field of criminal and traffic law.

Our unparalleled knowledge of the law, coupled with years of experience fighting some of the most difficult criminal cases puts our clients at a leading advantage when it comes to securing a positive outcome in your case.

Our lawyers will carefully examine all the evidence in order to identify any possible weaknesses with the prosecution case.

Where problems are identified, our lawyers can write to police and push to have the charges dropped before your matter reaches a defended hearing.

Alternatively, if you wish to fight the charges in court, our senior lawyers will assist you in identifying and raising any possible defences.

Our experienced advocates will fight hard to win your case by presenting any favourable evidence in a compelling manner in court and casting doubt on the prosecution case.

We offer a FREE first conference with our lawyers to help you understand your options – so give us a call now on (02) 9261 8881 and take the first step in fighting your matter.

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