VIC Criminal Law - Accused of Obtaining Goods by Deception?

[Deleted member 12925]

We got robbed back in March of this year and have been waiting patiently for an outcome. The other day, I got arrested for obtaining goods by deception. The problem is that we haven't done that.

One of the pics we sent to the insurance came back saying it was taken 10 days after the robbery with an item that was stolen, which is impossible as we do not own the property anymore as it was stolen. The only thing we can think of is that our autistic 8-year-old son that enjoys changing languages and dates on phones tablets, etc. has changed the date on the phone or camera that we had been using at the time and now apparently that's the grounds for the charge of obtaining goods by deception.

Not sure what I have to do now under criminal law. Do I just wait to be fully charged or is there a way I can rectify this situation before that occurs?

Hi Shane

This sounds like a case where you should participate in the record of interview with Police and provide to them the alternative explanation as to how the date could have been wrong on the iphone or ipad (if the date is still incorrect on the device have the investigators / Police asked to look at it?).

It is now for the Police to prove the case beyond reasonable doubt in court - if you have no prior convictions, you would be well placed to call evidence of your good character, which could include the fact that your son has been diagnosed with Autism. Evidence of good character would add credibility to your explanation given in your record of interview and in court.

I am an Accredited Criminal Law Specialist and if you would like for me to review the brief of evidence and provide more specific advice I can be contacted on email: Glenn Thexton, Thexton Lawyers - LawTap - Find a Lawyer & Book Online Instantly.