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10. Offences
against property
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Article 78-Offences
of obtaining property by deception
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| 78.1 |
Obtaining property by deception |
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Obtaining property by deception is one or more acts performed using statements and/or instruments which are deliberately untrue, false or misleading for the purpose of obtaining property of value. |
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Primary Fact(s) |
| 1. That property has been taken from the victim's possession. |
| 2. That the property was taken with the knowledge of the victim at the time of the offence; |
| 3. That the property was obtained under certain conditions and pretext; |
| 4. That the actions of the accused contributed to the taking of the property; |
| 5. That the conditions and pretext by which the property was obtained were found to be false; |
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Penalty Conditions (Level 2-Crime) |
Type |
Condition(s) |
1-3 |
a) if property stolen valued at less than one times average wage earner salary; |
4-6 |
a) if property stolen valued at more than 1 times and less than 3 times average wage earner salary; |
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Penalty Conditions (Level 3-Crime) |
Type |
Condition(s) |
1-3 |
a) if property stolen valued at more than 3 times and less than 6 times average wage earner salary; |
4-6 |
a) if property stolen valued at more than 6 times and less than 12 times average wage earner salary; |
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Penalty Conditions (Level 4-Crime) |
Type |
Condition(s) |
1-3 |
a) if property stolen valued at more than 12 times and less than 24 times average wage earner salary;
b) if offender previous convicted for property crime; |
4-6 |
a) if property stolen valued at more than 24 times and less than 36 times average wage earner salary; |
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Penalty Conditions (Level 5-Crime) |
Type |
Condition(s) |
1-3 |
a) if property stolen valued at more than 36 times and less than 50 times average wage earner salary; |
4-6 |
a) if property stolen valued at more than 50 times average wage earner salary; |
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