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Greg Barns
Criminal Defence Lawyer


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Commonwealth Offences - TAS
Welcome to the TAS Obtaining goods by false pretences article page. Everything you need to know about Obtaining goods by false pretences according to TAS law - Dated: 09/01/2009

What the Law States according to TAS Law for Obtaining goods by false pretences
According to TAS Law for the charge of Obtaining goods by false pretences,

Criminal Code Act 1924 – SECT 250

250. Obtaining goods by false pretences

Any person who by any false pretence, and with intent to defraud, obtains from any person anything capable of being stolen, or induces any person to deliver to any person anything capable of being stolen, is guilty of a crime.

Charge:Obtaining goods by a false pretence.

The Maximum Penalty - Obtaining goods by false pretences
According to TAS Law for the charge of Obtaining goods by false pretences,

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

What the Police must prove according to TAS Law for 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

Possible Defences under TAS Law - Obtaining goods by false pretences

(a) Duress

(b) Necessity

(c) Factual dispute

(d) Identification dispute

(e) Lack of intent

(f) Mental impairment

In TAS which court will hear the matter - Obtaining goods by false pretences

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

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