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Section 134.2 Criminal Code Act 1995
Obtaining Financial Advantage by Deception

Section 134.2 of the Criminal Code Act 1995 (Cth) is Obtaining Financial Advantage by Deception and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Obtaining Financial Advantage by Deception matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.

The Legislation

134.2  Obtaining a financial advantage by deception

(1)  A person is guilty of an offence if:

(a)  the person, by a deception, dishonestly obtains a financial advantage from another person; and

(b)  the other person is a Commonwealth entity.

Penalty:  Imprisonment for 10 years.

(2)        Absolute liability applies to the paragraph (1)(b) element of the offence.

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
with our criminal law specialists.


Recent Cases

Not Guilty of All 22 Fraud Charges and Participate in Criminal Group

Our client is 31 year old man from Canley Vale in Sydney. He was employed as a Premium Baccarat Croupier at The Star Casino. Two men attended casino on several occasions over a 10 day period to play Premium Baccarat on the table our client was servicing. The casino became suspicious of the activity on the table after observing the betting patterns of the two men, after each of their intermittent large bets allegedly invariably returned wins. The casino arranged for the examination of CCTV footage which, it claimed, showed our client raising a few of the cards from the top and bottom of the deck and thereby revealing their values, then making hand signals to indicate whether or not to make a large bet. The casino reported the information to the police and all three men were charged with 22 counts of fraud under section 192E of the Crimes Act 1900 and one count of participate in criminal group. The total amount allegedly defrauded was more than $3.3 million. Our client was adamant that alleged offences did not occur and his behaviour was consistent with the rules of the game. As the DPP only served the allegedly ‘incriminating’ footage, we subpoenaed all footage of our client dealing over the course of his employment, painstakingly viewed all of that footage and prepared extensive material to suggest our client: (a) on several occasions placed his hand on the side which the prosecution suggested would trigger a ‘large bet’, but that action did not result in such a bet being placed, (b) our client’s style of dealing was to fan cards, and (c) there was plentiful evidence that our client did not view cards when he dealt in that fashion. We also subpoenaed extensive material from the casino to the effect that the manner of dealing was not against any rules or regulations. The matter ultimately proceeded to a 7-week jury trial in Downing Centre District Court. During the extensive cross-examination of prosecution witnesses, our team was able to systematically produce evidence which communicated the actual state of affairs to the jury. Moreover, after all of the prosecution evidence had been given, our defence team tendered carefully drafted legal submissions to the sentencing judge in the absence of the jury to the effect that the prosecution evidence was incapable of establishing the essential element of ‘deception’ – as no deceived party had been identified. We asked the judge to direct an acquittal on that basis. The submission was powerful and persuasive given recent decisions by the NSW Court of Criminal Appeal to the effect that a deceived party must be identified in order for an offence of fraud to be established. The submission appeared to have caught the prosecution by surprise, as the Crown prosecutor tried to argue that the deceived party was The Star Casino. That submission was clearly inconsistent with the NSWCCA decisions which require a particular person or party to be actively deceived and a causal link to be established between the deception and financial advantage derived. The judge agreed with our submissions and directed the jury to acquit each of the co-accused on all charges.

13 Fraud Charges Dismissed Due to Mental Health

Our client is a 48-year old registered nurse. She was charged with 13 counts of ‘Dishonestly Obtain Financial Advantage by Deception’ under section 192E of the Crimes Act (‘fraud’), and one count of Larceny (stealing). The ‘fraud’ charges each carry a maximum penalty of 10 years’ imprisonment and the maximum for larceny is 5 years. Our client was alleged to have attended various Myer stores, and presented to the counter with unpaid items from within the stores, together with corresponding incorrect online receipts for a refund or return credit. This was alleged to have occurred for nearly 6 months, resulting in over $10,000 being transferred into her bank account. We obtained a psychological report during the course of the proceedings, evidencing that our client suffers from major depression and anxiety. Based upon the contents of that report, we made an application under section 32 of the Mental Health (Forensic Provisions) Act for all of the charges to be dismissed provided our client completes a ‘treatment plan’ requiring her to, among other things, continue seeing her treating psychologist. The presiding magistrate accepted our application in court, and our client was discharged under the section without a finding of guilt. She is therefore free to continue her employment as a nurse, provided she continues getting the help she needs to overcome her underlying conditions.

Client Avoids Prison for $3.6 Million Fraud

Our client is a 41-year-old former business executive from Sydney who pleaded guilty to a complex $3.6 million fraud scheme. Between 2008 and 2010, he and his co-offender submitted a large number of applications for finance to various companies on behalf of applicants. He presented himself to clients as being experienced in obtaining finance for businesses with poor credit situations. Our client created false sales invoices, submitting them to credit providers along with completed applications signed by his clients. Finance companies were thereby defrauded into providing credit for the purchase of non-existent office equipment using false sales invoices. Our client and his co-offender retained commissions for the value of the loans, with the remainder being paid out to their clients. Whilst a substantial portion of the loans were repaid in full, many clients defaulted on their loans, meaning that the credit providers were unable to recoup their losses. Our client was originally charged with 156 counts of Obtaining Benefit by Deception, as well as Dealing with Proceeds of Crime (‘money laundering’). Despite immediately admitting his involvement to police, our defence team was able to persuade the DPP to reduce the charges to just 5 counts of Obtain Benefit by Deception, with the Proceeds of Crime charge also being withdrawn.. Our lawyers left no stone unturned when preparing our client for his sentencing, obtaining reports, amending the agreed ‘facts’, obtaining various subjective materials and doing all that could be done to place him in the best possible light before the court – which was instrumental in differentiating his case from that of his co-offender. Our Senior Lawyers were then able to persuade the Sentencing Judge in the Downing Centre District Court to impose a ‘suspended sentence’ and ‘community service’ – which means that our client avoids prison and can get on with his life. His co-offender, who was represented by other lawyers, was sentenced to a minimum term of four years full time imprisonment. Our client’s result is truly exceptional considering that those involved in such extensive fraud schemes almost invariably receive lengthy full time prison sentences.

Section 192E Fraud Dismissed Due to Mental Health

Downing Centre Local Court dismissed the case against our 50 year old client from Paddington who was charged with 'dishonestly obtaining a financial advantage' after making 268 fraudulent claims for payment over an 8 month period by accessing the Medibank Private online payment system.

Our lawyers obtained medical reports showing that our client suffers from Major Depressive Disorder.

We argued that the matter should be dealt with under 'section 32' of the Mental Health (Forensic Provisions) Act 1990 which allows a court to dismiss charges without conviction and without any finding of guilt if a person suffers from a 'mental condition' and it is 'appropriate' to place them on a treatment plan rather than imposing a criminal conviction.

The Magistrate accepted our argument and dismissed all charges against our client.

Good Behaviour Bond for 2nd set of Fraud Charges within 3 Years

The Magistrate in Downing Centre Local Court imposed a 'section 9 Good Behaviour Bond' on our 31 year old client for 'dishonestly obtaining financial advantage' under s192E despite it being his second set of serious fraud charges within a three year period.

Our client was employed as a credit team member with a city-based company that sells computer goods.

He dishonestly transferred 23 separate payments to his own bank account over a 10 month period for amounts averaging $3000 by claiming that they were client refunds.

The funds were mainly used to feed his gambling addiction.

Sydney Criminal Lawyers® had the 23 charges reduced to a single charge, had the 'facts' of the case amended and arranged for our client's psychological counselling. We also prepared a repayment plan for the sums taken.

He thought he was headed for gaol because it was his second set of fraud charges within 3 years.

However, his case was thoroughly prepared and persuasively presented in court, resulting in the Magistrate ordering a 2 year Good Behaviour Bond conditional upon him regularly attending counselling.

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