Sentencing Snapshot 253: Sentencing Trends for Obtaining Property by Deception in the Higher Courts of Victoria 2015-16 to 2019-20

Date of Publication

Sentencing Snapshot no. 253 describes sentencing outcomes for the offence of obtaining property by deception in the County and Supreme Courts of Victoria from 2015-16 to 2019-20.

More recent Snapshots are available for this offence.

You can also access statistics for this offence on SACStat.

Authored and published by the Sentencing Advisory Council
© State of Victoria, Sentencing Advisory Council, 2021

 


Snapshot 253: Obtaining Property by Deception

Introduction

This Sentencing Snapshot describes sentencing outcomes[1] for the offence of obtaining property by deception in the County and Supreme Courts of Victoria (the higher courts) from 2015-16 to 2019-20.[2] Adjustments made by the Court of Appeal to sentence or conviction as at June 2020 have been incorporated into the data in this Snapshot.

Detailed data on obtaining property by deception and other offences is available on Sentencing Advisory Council Statistics (SACStat).

A person who, by any deception, dishonestly takes property belonging to another person with the intention of permanently depriving that person is guilty of obtaining property by deception. Obtaining property by deception is an indictable offence that carries a maximum penalty of 10 years’ imprisonment and/or a fine of up to 1,200 penalty units.[3] It can be tried summarily in the Magistrates’ Court if certain criteria are met.[4]

This Snapshot focuses on cases where obtaining property by deception was the principal offence, that is, cases where obtaining property by deception was the offence that received the most severe sentence.[5]

Obtaining property by deception was the principal offence in 0.8% of cases sentenced in the higher courts between 2015-16 and 2019-20.

People sentenced

From 2015-16 to 2019-20, 73 people were sentenced in the higher courts for a principal offence of obtaining property by deception.

Figure 1 shows the number of people sentenced for the principal offence of obtaining property by deception by financial year. There were 16 people sentenced for this offence in 2019-20, up by 1 person from the previous year. The number of people sentenced was highest in both 2019-20 and 2017-18 (16 people) and lowest in 2015-16 (12 people).

Figure 1: The number of people sentenced for obtaining property by deception by financial year

Financial year Total
2015-16 12
2016-17 14
2017-18 16
2018-19 15
2019-20 16
Total 73

Sentence types and trends

Figure 2 shows the proportion of people who received a custodial sentence and non-custodial sentence for the principal offence of obtaining property by deception.

A custodial sentence involves at least some element of immediate imprisonment or detention.[6] Over the five-year period, 67.1% of people were given a custodial sentence. The highest proportion of custodial sentences was handed down in 2017-18 (75.0%). The proportion of people who received a custodial sentence in 2019-20 was 68.8%, down from 73.3% in the previous year.

Figure 2: The percentage of people who received a custodial sentence and non-custodial sentence for obtaining property by deception by financial year

Financial year Custodial sentence People sentenced Custodial sentence Non-custodial sentence
2015-16 6 12 50.0% 50.0%
2016-17 9 14 64.3% 35.7%
2017-18 12 16 75.0% 25.0%
2018-19 11 15 73.3% 26.7%
2019-20 11 16 68.8% 31.3%
Total 49 73 67.1% 32.9%

Table 1 shows the number of people sentenced for obtaining property by deception from 2015-16 to 2019-20 by the most serious type of sentence imposed.[7] The availability of different sentence types has changed over time. Most notably, wholly and partially suspended sentences have now been abolished.[8] Changes to community correction orders may have also influenced the sentencing trends over the five years covered by this Snapshot.[9]

Over the five-year period, the majority of people sentenced for obtaining property by deception received a principal sentence of imprisonment (63.0% or 46 of 73 people). The principal sentence is the sentence imposed for the charge that is the principal offence. The proportion of imprisonment sentences fluctuated over the five years, ranging from 50.0% in both 2015-16 and 2016-17 to 75.0% in 2017-18.

Table 1: The number and percentage of people sentenced for obtaining property by deception by principal sentence type and financial year

Sentence type 2015-16 2016-17 2017-18 2018-19 2019-20 Total
Imprisonment 6 (50.0%) 7 (50.0%) 12 (75.0%) 11 (73.3%) 10 (62.5%) 46 (63.0%)
Community correction order 5 (41.7%) 4 (28.6%) 3 (18.8%) 4 (26.7%) 4 (25.0%) 20 (27.4%)
Other 1 (8.3%) 3 (21.4%) 1 (6.3%) 0 (0.0%) 2 (12.5%) 7 (9.6%)
Total people sentenced 12 14 16 15 16 73

Principal and total effective sentences of imprisonment

The principal sentence describes sentences for the offence at a charge level (as described in the previous section). The total effective sentence describes sentences at a case level.

The total effective sentence in a case with a single charge is the principal sentence. The total effective sentence in a case with multiple charges is the sentence that results from the court ordering the individual sentences for each charge to be served concurrently (at the same time) or wholly or partially cumulatively (one after the other).

Where a case involves multiple charges, the total effective sentence imposed on a person is sometimes longer than the principal sentence. Principal sentences for obtaining property by deception must be considered in this broader context.

The following sections analyse the use of imprisonment for the offence of obtaining property by deception from 2015-16 to 2019-20.

Principal sentence of imprisonment

Table 2 shows that a total of 46 people received a principal sentence of imprisonment for obtaining property by deception. Of these, 32 people (69.6%) received a non-aggregate term of imprisonment and 14 people received an aggregate term.[10] There were 11 people (23.9%) who received a community correction order in addition to their term of imprisonment.

Table 2: The number and percentage of people sentenced to imprisonment for obtaining property by deception by sentence type and financial year

Type of imprisonment sentence 2015-16 2016-17 2017-18 2018-19 2019-20 Total
Imprisonment 4 (66.7%) 3 (42.9%) 4 (33.3%) 6 (54.5%) 7 (70.0%) 24 (52.2%)
Imprisonment and community correction order (combined) 2 (33.3%) 1 (14.3%) 2 (16.7%) 2 (18.2%) 1 (10.0%) 8 (17.4%)
Total non-aggregate imprisonment 6 (100.0%) 4 (57.1%) 6 (50.0%) 8 (72.7%) 8 (80.0%) 32 (69.6%)
Aggregate imprisonment 0 (0.0%) 2 (28.6%) 5 (41.7%) 3 (27.3%) 1 (10.0%) 11 (23.9%)
Aggregate imprisonment and community correction order (combined) 0 (0.0%) 1 (14.3%) 1 (8.3%) 0 (0.0%) 1 (10.0%) 3 (6.5%)
Total aggregate imprisonment 0 (0.0%) 3 (42.9%) 6 (50.0%) 3 (27.3%) 2 (20.0%) 14 (30.4%)
Total people sentenced to imprisonment 6 7 12 11 10 46

Figure 3 shows the length of imprisonment for the 32 people who received a non-aggregate term.[11] Imprisonment terms ranged from 2 months and 17 days to 5 years and 6 months, while the median length of imprisonment was 1 year and 7 months (meaning that half of the imprisonment terms were below 1 year and 7 months and half were above).

The most common range of imprisonment term lengths was 1 to less than 2 years (10 people).

Figure 3: The number of people sentenced to imprisonment for obtaining property by deception by length of imprisonment term, 2015-16 to 2019-20

Imprisonment length Number of people
Less than 1 year 7
1 to less than 2 years 10
2 to less than 3 years 4
3 to less than 4 years 7
4 to less than 5 years 2
5 to less than 6 years 2
Total people sentenced 32

Figure 4 shows that the average length of imprisonment imposed on people sentenced for obtaining property by deception ranged from 1 year and 8 months in 2016-17 to 2 years and 7 months in 2019-20. Over the five years, the average length of imprisonment for obtaining property by deception was 2 years.

Figure 4: The average length of imprisonment imposed on people sentenced for obtaining property by deception by financial year

Financial year Number of people Average length of imprisonment term
2015-16 6 1 year and 9 months
2016-17 4 1 year and 8 months
2017-18 6 2 years and 1 month
2018-19 8 1 year and 9 months
2019-20 8 2 years and 7 months

Other offences finalised at the same hearing

Sometimes people prosecuted for obtaining property by deception face multiple charges, which are finalised at the same hearing. This section looks at the range of offences that offenders were sentenced for alongside the principal offence of obtaining property by deception.

Figure 5 shows the number of people sentenced for the principal offence of obtaining property by deception by the total number of sentenced offences per person. The number of sentenced offences per person ranged from 1 to 75, while the median was 5 offences. There were 9 people (12.3%) sentenced for the single offence of obtaining property by deception. The average number of offences per person was 8.70.

Figure 5: The number of people sentenced for the principal offence of obtaining property by deception by the number of sentenced offences per person, 2015-16 to 2019-20

Number of offences Number of people
1 9
2 9
3 9
4 6
5-9 24
10-19 7
20-49 7
50+ 2
Total 73

Table 3 shows the 10 most common offences, by number and percentage, for people sentenced for obtaining property by deception. The last column sets out the average number of offences sentenced per person. For example, 11 of the total 73 people (15.1%) also received sentences for theft. On average, they were sentenced for 5.64 charges of theft.

Table 3: The number and percentage of people sentenced for the principal offence of obtaining property by deception by the most common offences that were sentenced and the average number of those offences that were sentenced, 2015-16 to 2019-20

Offence Number of cases Percentage of cases Average number of proven offences per case
1. Obtain property by deception 73 100.0% 4.30
2. Attempt to obtain property by deception 16 21.9% 2.81
3. Obtain financial advantage by deception 12 16.4% 2.58
4. Theft 11 15.1% 5.64
5. Possess a drug of dependence 7 9.6% 1.43
6. Possess identity information to commit/facilitate an indictable offence 6 8.2% 1.50
7. Use a false document to prejudice of other 5 6.8% 1.40
8. Commit an indictable offence while on bail 5 6.8% 1.00
9. Attempt to obtain a financial advantage by deception 4 5.5% 2.25
10. Deal with property suspected of being proceeds of crime 4 5.5% 1.50
Total 73 100.0% 8.70

Total effective imprisonment terms

Figure 6 shows the number of people sentenced to imprisonment for obtaining property by deception by the length of their total effective sentence. Total effective sentences ranged from 1 month to 9 years and 6 months, while the median total effective imprisonment term was 2 years, 2 months and 15 days (meaning that half of the total effective imprisonment terms were below 2 years, 2 months and 15 days and half were above).

The most common ranges for total effective imprisonment terms was 2 to less than 3 years (12 people).

Figure 6: The number of people sentenced to imprisonment for obtaining property by deception by length of total effective imprisonment term, 2015-16 to 2019-20

Total effective imprisonment length Number of people
Less than 1 year 9
1 to less than 2 years 6
2 to less than 3 years 12
3 to less than 4 years 2
4 to less than 5 years 2
5 to less than 6 years 7
6 to less than 7 years 5
7 to less than 8 years 1
8 to less than 9 years 1
9 to less than 10 years 1
Total people sentenced 46

Non-parole period

If a person is sentenced to a term of immediate imprisonment of less than 1 year, the court cannot impose a non-parole period. For terms between 1 year and less than 2 years, the court has the discretion to fix a non-parole period. For terms of imprisonment of 2 years or more, the court must impose a non-parole period in most circumstances. If the court fixes a non-parole period, the person must serve that period before becoming eligible for parole. If the court does not set a non-parole period, the person must serve the entirety of their imprisonment term in custody.

Of the 46 people who were sentenced to imprisonment for obtaining property by deception, 9 were not eligible to have a non-parole period imposed because their total effective sentence was less than one year. Of the 37 people who were eligible to have a non-parole period fixed, 34 were given a non-parole period (91.9%).

Figure 7 shows the number of people sentenced to imprisonment for obtaining property by deception, by length of non-parole period. Non-parole periods ranged from 8 months to 6 years and 6 months, while the median non-parole period was 2 years and 3 months (meaning that half of the non-parole periods were below 2 years and 3 months and half were above). There were 12 people sentenced to imprisonment for obtaining property by deception who did not have a non-parole period imposed.

The most common range for non-parole periods was 1 to less than 2 years (14 people).

Figure 7: The number of people sentenced to imprisonment for obtaining property by deception by length of non-parole period, 2015-16 to 2019-20

Non-parole period Number of people
Less than 1 year 1
1 to less than 2 years 14
2 to less than 3 years 3
3 to less than 4 years 9
4 to less than 5 years 4
5 to less than 6 years 2
6 to less than 7 years 1
No non-parole period 12
Total people 46

Total effective sentences of imprisonment and non-parole periods

Figure 8 represents the 34 people who were sentenced to imprisonment for obtaining property by deception and for whom a non-parole period was set. Figure 8 compares the average length of total effective sentences with the average length of non-parole periods for these people by financial year.[12]

From 2015-16 to 2019-20, the average total effective sentence ranged from 3 years and 3 months in 2017-18 to 4 years and 10 months in 2016-17. Over the same period, the average non-parole period ranged from 2 years in 2017-18 to 3 years in 2016-17.

Further data on total effective sentences of imprisonment and corresponding non-parole periods for obtaining property by deception is available on SACStat.

Figure 8: The average total effective sentence length and the average non-parole period for people sentenced to imprisonment with a non-parole period for obtaining property by deception by financial year

Financial year Average total effective sentence length Average non-parole period
2015-16 3 years and 10 months 2 years and 6 months
2016-17 4 years and 10 months 3 years
2017-18 3 years and 3 months 2 years
2018-19 4 years and 4 months 2 years and 10 months
2019-20 4 years and 2 months 2 years and 6 months

Summary

From 2015-16 to 2019-20, 73 people were sentenced for obtaining property by deception in the higher courts. Of these people, 46 (63.0%) were given a principal sentence of imprisonment.

The number and range of offences for which people with a principal offence of obtaining property by deception were sentenced help explain why imprisonment sentence lengths were longer for the total effective sentence than for the principal sentence. The median total effective imprisonment length was 2 years, 2 months and 15 days, while the median principal imprisonment length was 1 year and 7 months. On average, people sentenced for obtaining property by deception were found guilty of 8.7 offences each, with a maximum of 75 offences.

Total effective imprisonment lengths ranged from 1 month to 9 years and 6 months, and non-parole periods ranged from 8 months to 6 years and 6 months.

Endnotes

1. This Sentencing Snapshot is an update of Sentencing Snapshot no. 228, which describes sentencing trends for obtaining property by deception between 2013-14 and 2017-18.

2. Data on first-instance sentence outcomes presented in this Snapshot were obtained from the Strategic Analysis and Review Team at Court Services Victoria. Data on appeal outcomes was collected by the Sentencing Advisory Council from the Australasian Legal Information Institute and was also provided by the Victorian Court of Appeal. The Sentencing Advisory Council regularly undertakes extensive quality control measures for current and historical data. While every effort is made to ensure that the data analysed in this report is accurate, the data is subject to revision.

3. Crimes Act 1958 (Vic) s 81. The value of a penalty unit changes each year and can be found in the Victorian Government Gazette and on the Victorian legislation website.

4. Criminal Procedure Act 2009 (Vic) s 28, sch 2 cl 4.9.

5. If a person is sentenced for a case with a single charge, the offence for that charge is the principal offence. If a person is sentenced for more than one charge in a single case, the principal offence is the offence for the charge that attracted the most serious sentence according to the sentencing hierarchy.

6. For the principal offence of obtaining property by deception, custodial sentences included imprisonment and partially suspended sentences.

7. For example, if the principal offence has a sentence that includes imprisonment combined with a community correction order, imprisonment is the most serious sentence type.

8. Suspended sentences have been abolished in the higher courts for all offences committed on or after 1 September 2013 and in the Magistrates’ Court for all offences committed on or after 1 September 2014.

9. For example, initially the maximum term of imprisonment that could be combined with a community correction order was set at 3 months, but it was increased to 2 years in September 2014 and reduced to 1 year in March 2017.

10. A court may impose an aggregate sentence of imprisonment on multiple charges sentenced at the same time. These sentences are a single term of imprisonment in which the parts of the term attributable to the individual charges are not specified. A case may include a combination of aggregate and non-aggregate sentences.

11. Data presented in this section does not include imprisonment lengths for people who received an aggregate sentence of imprisonment. Figures 3 and 4 only report on non-aggregate sentences of imprisonment for the principal offence of obtaining property by deception.

12. Figure 8 only includes cases where the total effective sentence is an imprisonment term and a discernible non-parole period is applied. This means cases with a combined imprisonment and community correction order (which do not receive a non-parole period) are excluded from Figure 8.