This article is for general information only and should not be relied on for specific legal advice.  The author will not be held responsible for any action that a person takes as a result of interpretation of the contents of this article.  It is important to seek specific advice from a qualified and experienced lawyer for any legal problem.

What is Obtaining A Financial Benefit by Deception?

In Australia, it is a Commonwealth crime to obtaining a financial benefit by deception.  Dishonesty offences in general include theft, fraud and false accusations.  This charge involves an individual deceiving a Commonwealth entity with the aim of gaining monetary benefit. 

Deception can be through acting dishonestly or intentionally deceiving the Commonwealth entity in order to obtain a financial benefit.  This property must belong to a Commonwealth entity this includes the Australian Taxation Office, Centrelink and other government entities.  

The Law:

Section 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. 

Elements of the Offence:-

It is the duty of the prosecutor to prove beyond a reasonable doubt that the Defendant has committed the offence.  Every charge has a number of elements that the Prosecutor must prove beyond a reasonable doubt.  For the charge of obtaining benefit by deception the Prosecution must prove; 

  1. Defendant – The Prosecutor has to prove the identification of the offender; 
  2. Does an act – intentionally obtaining a financial benefit;  
  3. Deception – has engaged in deception or acted dishonestly; 
  4. Public Official – the other person is a Commonwealth entity.  

Maximum Penalty for Obtaining Benefit by Deception:

The maximum penalty for obtaining benefit by deception under Section 134.2 of the Commonwealth Criminal Code is 10 years imprisonment.  

Convictions:- 

In Queensland, if a person is convicted of Obtain Benefit by Deception, then the court could impose one of the following penalties: 

  • Jail (suspended, parole or actual time); 
  • Intensive Corrections Order; 
  • Probation; 
  • Community Service Order; 
  • Fines 
  • Bonds 

The actual penalty will depend on the circumstances of the matter including the seriousness of the offence and the individual circumstances and background of the Defendant.

Possible Defences:

There are a number of defences available to charges at law.  Not every defence is available to every charge.  You will need to seek specific legal advice to see if you have a defence available to you for this charge.  Some of the common defences available in criminal charges are; 

  • Necessity; 
  • Mistake of Fact; 
  • Public Safety; 
  • Self Defence or defence of another person; 
  • Intoxication; 
  • Provocation; 
  • Accident; 
  • Duress; 
  • Compulsion; 
  • Insanity; 
  • Automatism

Which Court will your matter be heard in?

The charge of Obtain Benefit by Deception will ordinarily be heard in the Magistrates Court in Queensland.  The charge will be heard and determined by a Magistrate alone whether you plead guilty or not guilty.  There is no jury in the Magistrates Court.    

If the amount involved exceeds $100,000.00 the matter will be heard in the District Court.  

In that event, a committal hearing will have to be conducted and then the matter will proceed to the District Court.  If you enter a plea of guilty then the charge will be determined by a Judge.  If you enter a plea of Not Guilty then the trial will be before a Judge and Jury.  If you are found guilty then you will be sentenced by the Judge. 

If the alleged offence is based in another state, it may be possible to be extradited to the state of the offence.

What should I do if the police want to speak to me about an Obtain Benefit by Deception allegation or if I am charged with Obtain Benefit by Deception?

You have the right to remain silent. You DO have to provide police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.  

Call an Expert 

If you are charged with a criminal offence, it is very important that you seek immediate legal advice. Our team at Brooke Winter Solicitors can give you over-the-phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court.  

Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.