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10. Offences against property
 
  Article 78-Offences of obtaining property by deception  
78.1 Obtaining property by deception  
  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.  
 
 Primary Fact(s)
 1. That property has been taken from the victim's possession; and
 2. That the property was taken with the knowledge of the victim at the time of the offence; and
 3. That the property was obtained under certain conditions and pretext; and
 4. That the actions of the accused contributed to the taking of the property; and
 5. That the conditions and pretext by which the property was obtained were found to be false.
 
 
 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;
 
 
 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;
 
 
 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;
 
 
 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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