In accordance with the Commonwealth Criminal Code, you could face criminal charges if you engage in dishonest actions to obtain a financial advantage from a Commonwealth body.
The term "financial advantage" encompasses a wide range of benefits or profits resulting from your actions. This could include obtaining cash, property, or any intangible benefit that enhances your financial position.
At KPT Defence Lawyers, we understand that facing charges for a Commonwealth fraud offence can be a distressing experience.
However, you can have confidence that our team of fraud experts will vigorously protect your rights throughout the entire process, striving to achieve the most favorable outcome for your case.
For you to be convicted of “obtaining property by deception,” the prosecution must establish specific elements beyond a reasonable doubt:
1. That you obtained a financial advantage from a Commonwealth entity.
2. That you did so through dishonest means.
3. That your actions involved deception.
If you believe the prosecution might not successfully prove each of these elements beyond a reasonable doubt, you may want to consult our experienced criminal lawyers to explore the option of pleading “not guilty.”
Our criminal defence team comprises esteemed advocates with extensive expertise in handling and winning complex Commonwealth fraud cases.
Equipped with the necessary knowledge and experience, we can provide you with the best possible advice to achieve a favorable outcome in your case.
We will diligently scrutinise all the evidence to cast doubt on the prosecution’s case, searching for weaknesses in their arguments.
Through skilled cross-examination, we will carefully deconstruct all prosecution witness testimonies.
We will also assist in identifying potential defences that, if raised, could lead to the charges being dropped.
Examples of possible defences include:
1. Coercion or threat leading to obtaining the financial advantage (duress).
2. Making an honest and reasonable mistake, such as believing you were entitled to the benefit (honest and reasonable mistake of fact).
No matter how serious the allegations, you can trust that your future is in capable hands with our qualified and experienced fraud specialists.
If you have no intention of contesting the charges in court, you have the option to plead guilty from the outset.
By doing so, you will proceed to the sentencing phase, during which the judge will determine the appropriate penalty.
In certain situations, pleading guilty can be advantageous, as it demonstrates your acceptance of responsibility for your actions.
As a result, the court may be inclined to impose a more lenient penalty compared to what you might have received if found guilty in a trial.
However, before entering a guilty plea, it is crucial to consult one of our experienced criminal lawyers, who can assess whether there are any viable defences to present in court.
Knowing the maximum penalty that may apply in “obtain financial advantage by deception” cases is also essential, with the maximum being 10 years imprisonment.
Yet, it is vital to remember that this is the absolute maximum and applies only to the most serious cases.
The court will determine the appropriate penalty for your situation after carefully considering all the facts and circumstances.
Potential penalties that the court may impose include:
– Section 10 Dismissal
– Conditional Release Order
– Community Correction Order
– Intensive Correction Order
Thus, having a skilled lawyer who can present your side of the story favorably is essential.
Our lawyers excel at crafting effective sentencing submissions, emphasising the suitability of a lenient penalty.
We go the extra mile for our clients and can even assist in obtaining character references and other supporting documents to maximise the chances of receiving a lenient penalty.
Our commitment and hard work have resulted in outstanding outcomes in Commonwealth fraud cases, consistently surpassing those achieved by any other law firm.
This offence involves obtaining a financial advantage or benefit through deceptive or fraudulent means, such as false representation, misleading conduct, or dishonesty.
Penalties may include fines, good behavior bonds, community service orders, or imprisonment, depending on factors like the severity of the deception and the value of the financial benefit obtained.
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