Charges:

1 charge of fraudulent obtaining Loss of Earnings benefits pursuant to s116 of the Transport Accident Act 1986.

Plea: Guilty

Result:

The accused was fined $10,000 without conviction and ordered to pay compensation in the amount of $7,888.55.

Remarks:

The accused was charged with fraudulently obtaining benefits between November 2018 and November 2019 in that accused had returned to work without telling TAC. After a Summary Case Conferences between the parties this charge period was negotiated down to between January 2019 and March 2019 as the accused was able to provide contrary evidence for the initial charged periods.  During the submissions in mitigation defence submitted that the accused was enduring significant financial pressures and felt the need to return to work to alleviate these.  Ultimately the defence sought a penalty of an adjourned undertaking to be of good behaviour and sought that it be imposed without recording a conviction.  The Prosecution submissions centred on the need for an appropriate penalty to address specific and general deterrence and denunciation of the offending and this is best serviced by imposing a conviction in these circumstances.  The TAC also sought compensation and professional costs.  In announcing her decision the Magistrate referred to section 8 of the Sentencing Act which identifies factors to be considered when considering whether or not to impose a conviction.  She identified that this was serious offending albeit not the most serious example in the circumstances.  She took into account the accused pervious good record and character and a plea of guilty and that the recording of a conviction would potentially affect any future employment prospects.  While she acknowledged that deterrence looms large as the offending affects society in general she was persuaded to not record a conviction and felt the seriousness of the offending could still be reflected through the punishment imposed. The Magistrates also refused TAC’s costs order request.

Restitution:	$7,888.55
Total Fines:	$10,000
Disbursements:	$
Statutory Costs:	$
Professional Costs:	$

Stay: 4/1/2024