June 7, 2019

SS – Charge of dishonestly obtaining financial advantage by deception dismissed

Facts: Dishonestly obtain financial advantage or cause disadvantage by deception

SS was charged with dishonestly obtaining financial advantage by deception after allegedly making three payments from another person’s Mastercard. SS and the victim were colleagues at a supermarket. After completing her shift, it was alleged SS went to the locker room and stole a Commonwealth Bank Mastercard belonging to the victim.

It was alleged SS then used the card to spend money for her Opal Card and items from Aldi supermarket. The total money spent was $100. Later that day, the victim noticed her Mastercard was missing, learned of the payments, and cancelled her card. CCTV footage from Aldi led to police arresting SS and charging her with dishonestly obtain financial advantage or cause disadvantage by deception (section 192E(1)(b) Crimes Act 1900).

Outcome:

O’Brien Criminal and Civil Solicitors successfully acted for SS at the Downing Centre Local Court in Sydney’s CBD. We pointed out to the Prosecution that the identity of SS could not be linked to the person in the CCTV footage. Ultimately, the matter was dismissed by Downing Centre Local Court.