Section 192C of the Crimes Act 1900 (NSW) outlines obtaining property belonging to another person. This provision includes a wide range of conduct, including where someone persuades another person to hand over property, takes possession or control of property, or treats property as their own and disposes of it.

Obtaining Property

Obtaining property belonging to another applies when:

• The property belongs to another person, and the asset or item in question is not owned by the accused.
• The property was obtained, and the accused gained the property, induced someone else to hand it over, or obtained a financial benefit or caused a financial loss.
• There was an intent to permanently deprive.

What Constitutes ‘Obtaining’

There are several ways in which property can be obtained, including:

• Taking possession or control, even if ownership is not acquired.
• Causing another person to transfer property. Including persuading or inducing someone else to hand over the item.
• Treating property as one’s own. This applies to both lawful and unlawful possessors who dispose of property as though it were theirs.

Dishonestly obtaining property belonging to another can result in fraud-related offences and legal consequences.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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