Charges:

2 charges 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 a 12 month Community Corrections Order and ordered to perform 100 hours of unpaid work, with a conviction.  The accused was also ordered to pay the TAC compensation in the amount of $54,235.80. An application for professional costs made by the prosecution was not granted.

Remarks:

The accused pleaded guilty to two counts of fraudulently obtaining benefits under section 116 and one charge of providing false or misleading information under section 117.  After hearing a summary of the offending the court heard submissions from the defence and the prosecution. The defence submissions centred predominantly on seeking that any sentence not be imposed with a conviction.  The prosecution submissions centred on the need to send a message of general deterrence to the community as well as specific deterrence and denunciation for the offending.  In his sentencing remark the Magistrate noted that the offending was serious as it was effectively stealing for the public purse and that persons who are entitled to these sort of benefits expect them to be available.  He noted the prosecution submissions that general deterrence and denunciation were important but also acknowledged that this was the first time the accused had been before the courts which entitled the accused to a discount.  He further noted that offending of this type could easily attract a term of imprisonment but the accused’s plea of guilty at such an early stage in the proceedings was also relevant.

Restitution:	$54,235.80
Total Fines:	$
Disbursements:	$
Statutory Costs:	$
Professional Costs:	$

Stay: