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 $2,500 with conviction and was ordered to pay the TAC $16,219.00 in compensation and professional costs of $1,621.00

Remarks:

The accused was charged with fraudulently obtaining loss of earnings benefits.  After the summary of offending was read to the court, Her Honour was informed that the accused had a prior criminal history to be alleged and that the TAC was seeking restitution in full along with professional costs. On behalf of the accused, wrongdoing was conceded, but the accused was merely trying to keep a business operating whilst injured. It was submitted that the accused would enter a deed of repayment with the TAC to repay the debt. The prosecution submissions were that the TAC communicated to the accused of the requirement to advise if the accused returned to work in any capacity including directing others to perform work. It was submitted that with the agreement to repay the monies a fine with conviction was within range.  In reaching her sentencing conclusion Her Honour agreed that there was an early plea of guilty, that the accused showed remorse through a willingness to repay the monies and that the accused’s ex-partner was in court for support was indicative of good character. She also accepted that the offending is as a breach of trust against the entire community.

Restitution:	$16,219
Total Fines:	$2,500
Disbursements:	$
Statutory Costs:	$
Professional Costs:	$1,621

Stay: 14/12/2024