Prosecution Report - Client AS

TAC successfully prosecuted the accused in the Magistrates’ Court.

The accused was charged with fraudulently obtaining benefits and providing TAC with false and misleading information a result of a TAC investigation.

The accused was involved in a transport in February 2020 where multiple injuries were sustained as a result.

The TAC investigation resulted in evidence being obtained which indicated that between December 2021 and October 2022 the accused returned to employment as a security guard with two different employers without advising TAC of this.  Further the accused continued to submit certificates of capacity all indicating that the accused had not returned to any work.

The accused plead guilty and was represented at the hearing.

After hearing a summary of the offending, the court heard submissions from the accused’s legal representative, those submissions centered predominantly on the effects that a conviction would have on the accused’s ability to maintain a security license and hence affect future employment.

The prosecution was then afforded the opportunity to provide submissions on sentence, these submissions focused on the need for deterrence and denunciation in such circumstances and that a conviction was warranted.

The Magistrate then handed down their sentence:

  • A 12 month Community Corrections Order with one condition being that the accused perform 80 hours of unpaid work.  The sentence was imposed with conviction.  The accused was also ordered to pay the TAC compensation in the amount of $30,764.76 and costs of $1,423.00.  Both these amounts were made in favour of TAC with collection of same left to the TAC.
Restitution: $30,764.76
Total Fines: $
Disbursements: $
Statutory Costs: $
Professional Costs: $1,423

Stay: