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Obtaining Property by Deception is an offence under Section 134.1 of the Criminal Code Act 1995 which carries a maximum penalty of 10 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
An act is considered ‘dishonest’ even if you intended to pay for it.
You are considered to have ‘obtained property’ if:
‘Deception’ means an intentional or reckless deception, whether by words or conduct, and whether as to fact or law, and includes:
You ‘intended to permanently deprive’ another even if you did not mean for the other to permanently lose the property as long as you intended to treat the property as your own to dispose of regardless of the other’s rights.
Defences to the charge include:
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