What the law states
Section 178BA of the Crimes Act 1900 (NSW) states that:
(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.
Deception does not need to be intentional, it can be reckless, i.e: an inadequate amount of care was taken to ensure that deception did not occur.
Example of this offence
An example of the conduct that would fall under this provision is taking out a loan by false means or using someone else’s credit card without their permission.
Penalty
The maximum penalty for the offence of obtaining benefit by deception is 5 years.
Defences
Some defences available to this offence include duress and necessity.
How can Prime Lawyers help you?
Obtaining benefit by deception is a serious criminal charge. There are severe imprisonment terms which can be ordered by the Court if you are convicted of this offence and thus it is important that you seek advice from a criminal lawyer.
If you are facing court or are under investigation for this charge please contact us immediately to obtain legal advice from a criminal lawyer.
We keep an open line of communications with you throughout the entire process so you fully aware of what is happening with your matter. Our criminal lawyers are experienced in dealing with this charge and will fight vigorously to protect your freedom and your legal rights