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 as a result of a TAC investigation.

The accused was involved in a transport in February 2022 where another driver failed to give way when the accused was making a right hand turn and multiple injuries were sustained as a result.

The TAC investigation resulted in evidence being obtained which indicated the almost immediately returned to pre-accident employment which was confirmed in a statement provided to TAC by the accused’s employer which was corroborated by the accused’s banking records.

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 included a background of the accused’s personal circumstances, but sought that a conviction not be imposed for the effect it could have on the accused’s employment.

The prosecution was then afforded the opportunity to provide submissions on sentence, these submissions highlighted the prolonged nature of the offending, it being aggravated by the continued submission of certificates of capacity and that in all the circumstances a conviction should be recorded.

The Magistrate then handed down his sentence =

• The accused was sentenced to an 18 month Community Corrections Order with a single condition to perform 180 hours of unpaid work. Given the severity of the offending and the prolonged nature a conviction was recorded.  The accused was also ordered to pay TAC $47,598.94 in compensation and $1,904.00 in professional costs.
• In his sentencing remarks HH provided the following, the accused had engaged in a prolonged period of deception, aggravated by the continued submission of the certificates.

Restitution:	$47,598.94
Total Fines:	$
Disbursements:	$
Statutory Costs:	$
Professional Costs:	$1,904

Stay: