Commonwealth Offences – Federal
Welcome to the Federal Obtain benefit by deception article page. Everything you need to know about Obtain benefit by deception according to Federal law – Dated: 01/09/2009
What the Law States according to Federal Law for Obtain benefit by deception
According to Federal Law for the charge of Obtain benefit by deception:
Section 178BA of the Crimes Act states:
(1) Whosoever by any deception dishonestly obtains for himself or herself or another person any money or valuable thing or any financial advantage of any kind whatsoever shall be liable to imprisonment for 5 years.
(2) In subsection (1): deception means deception (whether deliberate or reckless) by words or conduct as to fact or as to law, including:
(a) a deception as to the present intentions of the person using the deception or of any other person; and
(b) an act or thing done or omitted to be done with the intention of causing:
(i) a computer system; or
(ii) a machine that is designed to operate by means of payment or identification,
to make a response that the person doing or omitting to do the act or thing is not authorised to cause the computer system or machine to make.
(3) For the purposes of and without limiting Part 1A, the necessary geographical nexus exists between the State and an offence against this section if the offence is committed by a public official (within the meaning of the Independent Commission Against Corruption Act 1988) and involves public money of the State or other property held by the public official for or on behalf of the State.
The Maximum Penalty – Obtain benefit by deception
According to Federal Law for the charge of Obtain benefit by deception, The Maximum penalty for the offence of Obtain Benefit by Deception is five years imprisonment.
What the Police must prove according to Federal Law for Obtain benefit by deception
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
- The accused dishonestly obtained for himself, herself or another person.
- Money, a valuable thing, or financial advantage.
- By a deception.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.
Possible Defences under Federal Law – Obtain benefit by deception
Possible defences to this offence include but are not limited to
In Federal which court will hear the matter – Obtain benefit by deception
Where the value of the property charged exceeds $5000, this matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.
Where the value of the property charged does not exceed $5000, this matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.