Hi, I am in a situation where I have been charged with "obtaining a financial advantage by deception or caused a financial disadvantage by deception" section 192E table 1 offence, or fraud. There are 3 separate matters all listed in the local court for a hearing in November. How this has come about is by my 'suppose to be friend at the time' selling some items on the Gumtree website, but not wanting her partner to know that she was getting money (her boyfriend is a real control freak who is abusive in so many ways), so she isn't allowed to go anywhere or have any money unless his given her some which is never more then $50 at a time, and trying to support yourself and a baby on that is just not doable, she asked if she the money from the sale of the items be deposited into my bank account so her partner doesn't find out.
I had no hesitation on letting that happen as she was my friend who was in need of some help, and I had known her for a reasonable amount of time and it didn't even enter my mind that she was up to something dodgy. Anyway she advertised some items on Gumtree (which at no stage did I participate in helping with advertising, etc.) then they buyers would deposit the fee into the bank account details she gave them (which were mine), then wasn't sending the items which was unbeknownst to me until I had the police knocking on my door after the victims had obviously made complaints of not receiving there purchases, and then steps were taken to trace the deposits which were made into my bank account there. For now I'm the one who is going down for it because my friend has disappeared off the face of the earth, and my many attempts to reach her have been unsuccessful.
At no time during this whole ordeal did I knowingly know that any type of deception or defrauding was going on nor did I benefit financially from any money deposited as when they came through I'd withdraw them and give them to my friend as discussed. Also the money involved in these matters separately were no more than $600 each. How can I prove this is what happened to the court and what are my chances of defending these charges? Also could this be classified as a Civil matter being it involved buying and selling online? Thank you.
I had no hesitation on letting that happen as she was my friend who was in need of some help, and I had known her for a reasonable amount of time and it didn't even enter my mind that she was up to something dodgy. Anyway she advertised some items on Gumtree (which at no stage did I participate in helping with advertising, etc.) then they buyers would deposit the fee into the bank account details she gave them (which were mine), then wasn't sending the items which was unbeknownst to me until I had the police knocking on my door after the victims had obviously made complaints of not receiving there purchases, and then steps were taken to trace the deposits which were made into my bank account there. For now I'm the one who is going down for it because my friend has disappeared off the face of the earth, and my many attempts to reach her have been unsuccessful.
At no time during this whole ordeal did I knowingly know that any type of deception or defrauding was going on nor did I benefit financially from any money deposited as when they came through I'd withdraw them and give them to my friend as discussed. Also the money involved in these matters separately were no more than $600 each. How can I prove this is what happened to the court and what are my chances of defending these charges? Also could this be classified as a Civil matter being it involved buying and selling online? Thank you.
