What is Obtaining a financial advantage by Deception or Cause disadvantage by deception?
Under the general fraud offence (section 192E of Crimes ACT 1900), a person who, by any deception, dishonestly obtains another’s property or obtains any financial advantage or causes any financial disadvantage is guilty of the offence of fraud. This offence carries a maximum penalty of 10 years’ imprisonment.
Fraud is sometimes considered by the community generally as less serious, however fraud is a serious criminal offence and is treated very seriously by the courts. In recent years the Judges and Magistrates are taking a much hard approach. The Attorney General (NSW) asserted that doubling the maximum penalty to 10 years’ imprisonment for fraud under s 192E, compared to 5 years under the former s 178BA, “demonstrat[es] how seriously we take the issue.” Jail sentences are common for fraud offences.
Section 192E of Crimes Act 1900 covers the legal definition of fraud and it includes dishonestly gaining a financial advantage by deception. That person is guilty of the offence of fraud.