Deception Key Facts

Maximum Penalty

  • for a basic offence: 10 years’ imprisonment
  • for an aggravated offence: 15 years’ imprisonment

Possible Defences

  • were under duress;
  • have a factual dispute;
  • had a lack of intention;
  • identification dispute; or
  • suffer from a mental impairment.

What Is The Charge of Deception?

A person who intentionally deceives someone else for their own benefit (or for the benefit of someone else) or to cause a detriment to someone is guilty of an offence [Criminal Law Consolidation Act 1935 (SA) s 139].

What Is The Penalty For Deception?

The maximum penalties for deception are:

  • for a basic offence: 10 years’ imprisonment
  • for an aggravated offence: 15 years’ imprisonment

Whether the offence is aggravated depends on whether offence
occurred under certain aggravating circumstances. These are listed in s 5AA in
Criminal Law Consolidation Act 1935 (SA). They include (but are not limited to) factors such as whether to offence was committed:

  • against a victim under the age of 12 or over the age of 60;
  • against a victim who had a particular relationship to the offender (e.g., a child, spouse or domestic partner);
  • in association with a criminal organisation;
  • whilst the offender was in a position of authority or trust;
  • against a victim who was in a position of vulnerability because of physical disability or cognitive impairment.

What Are The Possible Defences For Deception?

It may be a defence to the charge that you:

  • were under duress;
  • have a factual dispute;
  • had a lack of intention;
  • identification dispute; or
  • suffer from a mental impairment.

What The Prosecution Must Prove

If you are charged with deception, the prosecution must prove that:

  1. You deceived (i.e., you made a misrepresentation to) another person (either by words or conduct);
  2. By deceiving that person you either:
    • dishonestly benefited yourself (e.g., by way of gaining property or money); or
    • dishonestly benefited another person; or
    • dishonestly caused a detriment to that person (e.g., by way of loss of property, money or opportunity).

Case Studies For Similar Offences

We have defended thousands of criminal cases over many decades and constantly achieve outstanding results for our clients. Please view our results by clicking the cases below:

Fraud

Fraud

Reference: 1400268

Deception

Deception

Reference: 1400789

Centrelink Fraud

Centrelink Fraud

Reference: 1600629

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