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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.
 2. That the property was taken with the knowledge of the victim at the time of the offence;
 3. That the property was obtained under certain conditions and pretext;
 4. That the actions of the accused contributed to the taking of the property;
 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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