Written by
Bill Potts
Director - Criminal Lawyer
If you have been charged with Commonwealth Offences or are enquiring about what the law states you come to the right website!
Date: 09/01/2009
What the Law states - Obtain Credit by Fraud
Section 178C of the Crimes Act states:
Whosoever incurring any debt or liability obtains credit by any false pretence or by any wilfully false promise or partly by a false pretence and partly by a wilfully false promise or by any other fraud shall be liable to imprisonment for one year.
What the Police must prove - Obtain Credit by Fraud
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
1. The accused incurred a debt or liability.
2. In the course of the transaction, the accused obtained credit.
3. By a false pretence or wilfull false promise with intent to defraud or by fraud.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.
Maximum Penalty - Obtain Credit by Fraud
The Maximum penalty for the offence of Obtain Credit by Fraud is one year imprisonment.
Which court will hear the matter - Obtain Credit by Fraud
Where the value of the property charged exceeds $5000, this matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.
Where the value of the property charged does not exceed $5000, this matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.
Possible Defences - Obtain Credit by Fraud
Possible defences to this offence include but are not limited to
1. Duress
2. Necessity
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