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:

His Honour fined the accused $4,000 with conviction and ordered to repay the full $20,369.21 and legal costs in the amount of $1,510.

Remarks:

After the summary of offending was read to the court, His Honour was informed that the accused had no prior criminal history to be alleged and that TAC was seeking restitution in the full amount of $20,369.21, and professional costs in the amount of $1,510.  On behalf of the accused it was submitted that wrongdoing was conceded, that the accused's business ultimately failed due to COVID-19 restrictions and that English was the accused second language. It was submitted that a conviction should not be imposed given the accused has no prior history and it may affect capacity to register a business in the future (however there was no evidence of this).  The accused submitted one character reference to attest to good character. It was also submitted that the accused has 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, being over $20,000 and was perpetrated over an extended period (approx. 10 months) 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 and that the character reference was evidence of good character. His Honour also accepted that the offending is as a breach of trust against the entire community.

Restitution:	$20,369.21
Total Fines:	$4,000
Disbursements:	$
Statutory Costs:	$
Professional Costs:	$1,510

Stay: