South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 142

142—Dishonest exploitation of position of advantage

        (1)         This section applies to the following advantages:

            (a)         the advantage that a person who has no disability or is not so severely disabled has over a person who is subject to a mental or physical disability ¹ ;

            (b)         the advantage that one person has over another where they are both in a particular situation and one is familiar with local conditions while the other is not ² .

        (2)         A person is guilty of an offence if the person dishonestly exploits an advantage to which this section applies in order to—

            (a)         benefit him/herself or another; or

            (b)         cause a detriment to another.

Maximum penalty: Imprisonment for 10 years.

Note—

1         Compare R v Hinks [2000] 4 All ER 833.

2         Compare R v Lawrence [1972] AC 626.