What the law states
Section 179 of the Crimes Act 1900 (NSW) states that:
Whosoever, by any false pretence or by any wilfully false promise, or partly by a false pretence and partly by a wilfully false promise, obtains from any person any property, with intent to defraud, shall be liable to imprisonment for five years.
As the act suggests, the promise need not be entirely false, a partially false pretence will suffice to be charged.
As this offence indicates, intent plays a major role in the criminal justice system. There are numerous other offences, just as this one, which place emphasis on the intent to commit an offence. Here, the act of making a false pretence is not an offence in itself, however, it is transformed into an offence due to the intent to defraud.
Example of this offence
An example of this offence would be pretending to somebody that you are sick in order for them to donate money to your medical fees, when really, you are perfectly fine.
This is a legitimate offence however, the offence of obtaining money by deception is often favoured by prosecutors.
Penalty
The maximum penalty for using false pretences is 5 years imprisonment.
Defences
Some defences available to this offence include duress, intoxication and necessity.
How can Prime Lawyers help you?
If you have been charged with this offence, you should not rush into pleading guilty without first seeking legal advice.
Our criminal lawyers are experienced with dealing this charge and will investigate the charge against you. We will give you clear advice on how strong or weak the evidence is against you. If you decide to plead guilty we will advise you on the likely penalties and how we can help you have the penalty minimised by representing you at court at sentencing.
If you are defending the matter we will vigorously fight the charge against you by negotiating with the Prosecution and representing you at your court trial.