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Deception

Deception

Deception can be done by words or conduct. It is a misrepresentation:

  • about a past, present or future fact or state of affairs; or
  • about yours or others intentions; or
  • of the law.

[s 130 of the Criminal Law Consolidation Act 1935 (SA)]

It is an offence to intentionally deceive someone to dishonestly benefit yourself or another person, or to cause a detriment to someone.

Maximum penalty

Basic offence: imprisonment for 10 years

Aggravated offence: imprisonment for 15 years

[Criminal Law Consolidation Act 1935 (SA) s 139]

Acting as a spiritualist medium etc with intent to defraud

It is an offence for person, who, with an intent to defraud, purports to act as a spiritualist, medium, clairvoyant, telepathist or have similar powers.

Maximum penalty: $10 000 or imprisonment for 2 years.

[Summary Offences Act 1953 (SA) s 40]

Dishonest interference with merchandise

A person who dishonestly interferes with merchandise (things for sale in a store), or a label attached to merchandise, so that the person or someone else can get the merchandise at a reduced price, is guilty of an offence.

Maximum penalty: imprisonment for 2 years.

[Criminal Law Consolidation Act 1935 (SA) s 143]

Cheating at Gambling

Corrupt conduct

The following are offences under the Criminal Law Consolidation Act 1935 (SA):

Intending to obtain financial advantage or create disadvantage through:

  • Engaging in conduct that corrupts betting outcome of event [s 144H];

  • Facilitating conduct that corrupts betting outcome of event [s 144I]; or

  • Encouraging a person to conceal conduct or an agreement from a relevant authority (such as police or an official supervisor of an event), that corrupts a betting outcome [s 144J].

    Maximum penalty: 10 years imprisonment.

Use of information

The use of corrupt conduct information or inside information for betting purposes is also an offence under the Criminal Law Consolidation Act 1935 (SA) [s 144K].

Corrupt conduct information is information about conduct, or proposed conduct, that corrupts a betting outcome of an event [s 144K(3)(a)].

Inside information is information in connection with an event that is not generally available, and if it was available, would be likely to influence people who commonly bet on the event [s 144K(3)(b)].

A person who has corrupt conduct information [s 144K(1)] or inside information [s 144K(2)] and:

  • uses it to bet on; or
  • encourages another to bet on; or
  • communicates the information to someone they should know would likely bet on;

an event that the information is relevant to, is guilty of an offence. For corrupt conduct information the maximum penalty is 10 years imprisonment, for inside information the maximum penalty is two years imprisonment.

Passing valueless cheques

Any person who obtains any goods, money, credit, benefit or advantage by passing a cheque which is not paid on presentation is guilty of an offence.

Maximum penalty: 2 years imprisonment or $10 000 fine

[Summary Offences Act 1953 (SA) s 39(1)].

A defence exists to this offence if a person can show that at the time he or she had reasonable grounds for believing the cheque would be paid in full on presentation and he or she had no intent to defraud [s 39(2)]. The fact that at the time when the cheque was passed there were some funds to the credit of the account on which the cheque was drawn is not of itself a defence [s 39(3)].

Deception  :  Last Revised: Thu Aug 7th 2014
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