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 $12,125.60 in compensation.

Remarks:

After the summary of offending was read to the court, His Honour was informed that the accused had prior criminal history to be alleged and TAC was seeking restitution in the full amount of $12,125.60.  On behalf of the accused it was submitted that wrongdoing was conceded, that the accused had issues with literacy and has dyslexia and this added to the accused’s confusion regarding the certificates of capacity that were submitted. It was submitted that the accused had PTSD and genuine neck injury from the transport accident and that the TAC was advised at times regarding a return to work albeit this had not been done sufficiently. It was submitted that a conviction should not be imposed and that the accused’s criminal history was dated. The accused’s mental health providers submitted two letters on the day of the plea detailing a diagnosis of PTSD and mental health concerns.  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 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 that the offending was a breach of trust against the entire community. He acknowledged that with respect of seriousness of offending, the offending in this matter was of a lower nature in terms of quantum.  His Honour fined the accused $2,500 with conviction and ordered the accused to repay the full $12,125.60.

Restitution:	$12,125.60
Total Fines:	$2,500
Disbursements:	$
Statutory Costs:	$
Professional Costs:	$

Stay: 16/5/2024