>[!info] [s. 81(1) Crimes Act](http://www6.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s81.html "Obtain Property by Deception") — A **person** who by any **[[deception]]**, **[[dishonestly]] obtains property belonging to another**, with the **intention of permanently depriving** the other of it. >[!success] >The Victorian Judicial College has a [Charge Book section](http://www.judicialcollege.vic.edu.au/eManuals/CCB/index.htm#30703.htm "Charge Book - Obtain Property by Deception") relating to this matter. # Example Frank steals Betty's credit-card and uses it at a 7/11 store to purchase cigarettes and alcohol. # Power of Arrest [Section 459 of the Crimes Act.](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s459.html "Section 459 of the Crimes Act.") # Jurisdiction Indictable Offence Triable Summarily heard at the Magistrate's Court for offences up to $100,000. County Court for offences above $100,000. # Elements of the offence 1. That the offence occurred at the *place* and *time* alleged. 2. That the offender was the *accused* (or that he or she was an accomplice). 3. That the accused obtained *ownership*, *possession* or *control* *of property* or obtained for another, or enabled another to obtain the ownership, possession or control of property. 4. That the accused did so dishonestly. 5. That the accused did so using deception. 6. That the property obtained belonged to a third person. 7. That the accused obtained or enabled another to obtain this property with the intention of permanently depriving the third party of it. # Explanation ## Obtaining Property - Property is **obtained** if the accused obtains **ownership**, **possession**, or **control** and these definitions take on their dictionary meaning. - This differs from Theft and 'appropriation'. - The accused doesn't have to obtain property for **themselves**, it can be for another person or retaining the property. - If accused **attempts** to deceive but **fails** to obtain property, it is **attempted** obtain property by deception. ## Property "money and all other property real or personal including things in action and other intangible property" - This definition **includes** **debts** or other things that **do not exist physically**. - Confidential information is **not** property. ## Belonging to Another - Person must have **possession**, **control** or **proprietary** right/interest in property for it to be theirs. - Property that is only **lost** still **belongs to another**. - Property that is **abandoned** (as in all ownership relinquished) does **not** belong to another. ## Intention to Permanently Deprive Requires the accused to have intended to permanently deprive the owner of the property when s/he obtained it. - The accused must have intention to perm deprive at time of offence. - If intention was only to temporarily deprive, element not met. - If someone takes goods or cash with intention to return equivalent (but not identical) goods or cash, still have intention to perm deprive. ## Deception The most important element is that the property must be obtained by **deception**. This can be shown by the accused making a representation by words or conduct that; 1. was about existing or past facts or law; or 2. was false; or 3. accused knew was false or reckless to whether true or false; or 4. intended to obtain property by making representation; or 5. false representation believed by victim who was deceived; and 6. accused obtained property as result of deception. **Representation** = words (spoken/written) or conduct. These can be implied, e.g.: - Person orders food in restaurant, implied agreement to pay for food which is provided properly. - Person offers cheque to another to pay debt, cheque is implied to be honoured by the bank when drawn. - Person uses credit card, implies acting within contract of card provider. # Charge The accused at **PLACE** on **DATE** did by deception namely **DECEPTION** dishonestly obtain property namely **PROPERTY** belonging to **VICTIM** and valued at **DOLLARS** with the intention of permanently depriving **VICTIM** of the said **PROPERTY**. |**Section**|**Text**| |---|---| |LEAP Code:|321A| |Offence Literal:|Obtain Property by Deception| |Offence Type:|Indictable Offence| |Jurisdiction:|State| |Law Type:|Act| |Act / Reg. No:|Crimes Act No.6231/1958| |Section/Clause:|81(1)|