Law Information - Commonwealth Offences - TAS

Obtaining goods by false pretences

Date: 09/01/2009

The Law -

Criminal Code Act 1924 – SECT 250

What the prosecution must prove - Obtaining goods by false pretences

(a) The accused made either a false pretence of fact, or a wilfully false promise, or a partly false pretence and a partly false promise to some person.

(b) The accused knew it to be false.

(c) Through means of such pretence (false promise etc) the accused obtained property or induced any person to deliver to any person anything capable of being stolen

(d) With intent to defraud

(e) the accused is correctly identified as the offender

The Maximum Penalty for Obtaining goods by false pretences is

The maximum term of imprisonment is 21 years, or fine, or by both such punishments, and will be determined by the judge as he/she thinks fit in the circumstances of each particular case.

If the crime is tried summarily the maximum term of imprisonment that a court of petty sessions may impose is –

(a) 12 months for a first offence; or

(b) 5 years for a second or subsequent offence

Possible Defences - Obtaining goods by false pretences

(a) Duress

(b) Necessity

(c) Factual dispute

(d) Identification dispute

(e) Lack of intent

(f) Mental impairment

The Court process - Obtaining goods by false pretences

Magistrates Court or Supreme Court depending upon whether summary jurisdiction is elected