Charges:

1 charge of fraudulent obtaining Loss of Earnings benefits pursuant to s116 of the Transport Accident Act 1986 and 1 charge of providing false or misleading information pursuant to s117 of The Transport Accident Act 1986.

Plea: Guilty

Result:

The accused was sentenced to pay a fine in the amount of $4,500 with conviction. The accused was also ordered to pay the TAC $10,000 in compensation and professional costs of $1,803.  Prior to the plea hearing the accused repaid the TAC $44,490.

Remarks:

After the summary of offending was read to the court, His Honour was informed that the accused had a prior criminal history to be alleged and that TAC was seeking restitution in the full amount of $10,000, being the amount outstanding, and professional costs in the amount of $1,803.  On behalf of the accused it was submitted that wrongdoing was conceded, but that the offending occurred around a time when the accused’s spouse had passed away as a result of suicide. It was submitted that the accused was focused on the spouse’s health and grieving death during the offending period.  The accused submitted two character references which attest to good character. It was also submitted that the accused had shown remorse by paying back all but $10,000 of the monies owed to the TAC and entered a plea at the earliest opportunity.  The prosecution submissions were that the TAC plays an important role in the community by supporting those injured in transport accidents. It was summited that the offending is a breach of trust against the entire community as the scheme relies on the honesty and integrity of clients to accurately report their circumstances.  It was submitted that the offending involved a significant amount of money and was perpetrated over an extended period and therefore denunciation and general deterrence needed to be at the forefront of the sentencing considerations and that a conviction is required in the circumstances.  In reaching the sentencing conclusion His 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 character references were evidence of good character. His Honour also accepted that the tragic loss of the accused’s spouse caused a shift of focus to grieving during the offending period.  His Honour also accepted that the offending is as a breach of trust against the entire community.

Restitution:	$10,000  ($44,490 was repaid prior to hearing)
Total Fines:	$4,500
Disbursements:	$
Statutory Costs:	$
Professional Costs:	$1,803

Stay: 4/1/2024