Obtaining property by deception is a serious criminal offence under section 81 of the Crimes Act 1958 (Vic). It covers a wide range of conduct — from dishonestly obtaining money through false representations, to using someone else's credit card without authority, to making promises you never intend to keep in order to obtain property. A conviction carries a maximum penalty of 10 years imprisonment.

At Angus Cameron and Partners, we represent clients facing deception charges at all levels of the Victorian court system on a weekly basis. If you have been charged with this offence, understanding what the prosecution must prove is essential to understanding your position.

The Offence

To secure a conviction, the prosecution must prove each of the following four elements beyond reasonable doubt:

  • you obtained property belonging to another person;
  • you intended to permanently deprive that person of the property;
  • you obtained the property by deception; and
  • you acted dishonestly.

What Does "Obtaining" Mean?

You "obtain" property if you gain ownership, possession, or control of it — whether for yourself or for someone else. You do not need to have taken the property physically. It is enough that the deception caused the other person to transfer ownership, possession, or control to you or to another person at your direction.

Attempting to obtain property by deception — where the deception is used but the property is never actually obtained — is also a criminal offence.

What Is "Deception"?

Deception is the heart of this offence. To prove deception, the prosecution must establish that:

  • you made a representation — in words or by conduct;
  • the representation was about existing or past facts or law;
  • the representation was false;
  • you knew it was false, or were reckless as to whether it was true or false;
  • you intended to obtain the property by making the representation;
  • the complainant believed the false representation and you obtained the property as a result.

Representations by conduct

A deceptive representation does not need to be stated explicitly. It can be implied from your actions. Common examples include:

  • using a credit card, which implies you are authorised to use it under the terms of your agreement with the card provider; or
  • ordering food or services, which implies an intention to pay.

Broken promises

Where the deception consists of a promise — for example, promising to repay a loan you had no intention of repaying — the prosecution must prove that at the time you made the promise, you had no intention of keeping it. A broken promise alone is not enough. The prosecution must prove that the deception existed at the moment the promise was made, not simply that things did not work out as promised.

Causation

There must be a causal connection between the deception and the obtaining of the property. The false representation must have operated on the mind of the person deceived and caused them to part with the property. If the person would have parted with the property regardless of the representation, the element is not made out.

Dishonesty

Dishonesty has a specific legal meaning in this context. It does not simply mean acting immorally or deceptively. You act dishonestly only if you did not believe you had a legal right to obtain the property.

This is a subjective test — what matters is what you genuinely believed, not what a reasonable person would have believed. If you honestly believed you had a legal right to the property, even if that belief was mistaken, you have not acted dishonestly in the legal sense.

Defences

Being charged with obtaining property by deception does not mean you will be convicted. There are a number of defences that may apply depending on the circumstances.

Claim of right

If you genuinely believed you had a legal right to obtain the property, the dishonesty element is not made out. This is true even if your belief was mistaken, and even if the means you used to obtain the property were dishonest. What matters is whether you believed you were entitled to the property itself, not whether you believed you were entitled to use deception to get it.

No deception

If the representation you made was true, or if you genuinely believed it was true at the time, the deception element is not made out. An innocent misrepresentation — one made without knowledge of its falsity and without recklessness — is not sufficient to establish this offence.

No causal connection

If the person who parted with the property would have done so regardless of any representation you made — for example, because they did not actually believe the representation, or because the property was transferred for an unrelated reason — the necessary causal link between the deception and the obtaining is absent.

No intention to permanently deprive

If you obtained the property with a genuine intention to return it, and the circumstances do not bring your conduct within the deeming provisions of the Act, this element may not be established.

Penalties

Obtaining property by deception carries a maximum penalty of 10 years imprisonment under section 81 of the Crimes Act 1958. The offence is indictable and may be heard in the Magistrates' Court or the County Court, depending on the circumstances and the value of the property involved.

In practice, outcomes vary considerably depending on the scale of the offending, the period over which it occurred, the accused's role, and their personal history. Not all deception offences result in imprisonment — particularly at the lower end of the scale. An experienced criminal defence lawyer can advise you on the realistic range of outcomes in your matter.

FAQs

What is the difference between obtaining property by deception and theft?

Both are dishonesty offences involving property belonging to another. The key distinction is in how the property is obtained. Theft involves taking property without the owner's consent. Obtaining property by deception involves inducing the owner to hand over the property voluntarily — but through a false representation. In deception cases, the owner parts with the property because they have been misled, whereas in theft they do not consent at all.

Can I be convicted if I made a promise I genuinely intended to keep?

No. If you made a promise with a genuine intention of keeping it, and circumstances later prevented you from doing so, you have not committed this offence. A broken promise alone is not deception. The prosecution must prove that at the time you made the promise, you had no intention of keeping it.

What if I used someone else's credit card without their knowledge?

Using another person's credit card without their authority is likely to constitute deception — the law treats causing a machine to respond in an unauthorised way as equivalent to deceiving a person. Depending on the circumstances, it may also give rise to charges of theft or fraud under other provisions.

Can a company be charged with obtaining property by deception?

Yes. A body corporate can commit this offence. Where the offence is committed by a company with the consent or involvement of a director, manager, or officer, that individual may also be personally liable.

Do I need a lawyer if I am charged with obtaining property by deception?

Yes. The elements of this offence — particularly the deception and dishonesty elements — are technically complex, and the outcome of a case often turns on careful analysis of what was represented, when, and in what state of mind. You should seek legal advice as soon as possible after being charged.

Related Guides

You may also find the following guides useful: