Hi everyone,
Many years ago, I overdrew my bank account via direct debit to the amount of about 2 million dollars. Now i have been found guilty of obtaining money by deception. I am appealing the conviction. I never deceived the bank or lied to them about my income. The terms and conditions of the account said I was authorised to direct debit and overdraw the account if the bank permitted it without prior arrangement (ie a pre-approved overdraft). The contract also said I was authorised to operate the account "in any way permitted by the bank."
It was the prosecution's case that committed the offence under s192B(1)(b) of the Crimes Act 1900 (NSW) which defines deception as "conduct by a person that causes a computer, a machine or any electronic device to make a response that the person is not authorised to cause it to make".
How can this be so if the contract I signed with the bank said I was authorised to operate the account in the manner I did? I get it that they approved the transfer because of some oversight but how does that then mean I have committed an offence under criminal law?
Thoughts anyone? I can provide more details upon request...
Many years ago, I overdrew my bank account via direct debit to the amount of about 2 million dollars. Now i have been found guilty of obtaining money by deception. I am appealing the conviction. I never deceived the bank or lied to them about my income. The terms and conditions of the account said I was authorised to direct debit and overdraw the account if the bank permitted it without prior arrangement (ie a pre-approved overdraft). The contract also said I was authorised to operate the account "in any way permitted by the bank."
It was the prosecution's case that committed the offence under s192B(1)(b) of the Crimes Act 1900 (NSW) which defines deception as "conduct by a person that causes a computer, a machine or any electronic device to make a response that the person is not authorised to cause it to make".
How can this be so if the contract I signed with the bank said I was authorised to operate the account in the manner I did? I get it that they approved the transfer because of some oversight but how does that then mean I have committed an offence under criminal law?
Thoughts anyone? I can provide more details upon request...