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:

The accused was fined a total of $2,000.00, without conviction, and ordered to repay the fraudulently obtained benefits in the sum $36,484 and pay costs to the TAC of $1,405.

Remarks:

The Magistrate noted the maximum penalty for 116 charges and advised the accused that a term of imprisonment was a real possibility in the circumstances of the case but noted as the accused had plead guilty, a discount to the sentence which the Magistrate was to impose had been factored in. The Magistrate agreed with the prosecution submissions that general deterrence and denunciation had to be reflected in the sentence imposed and commented that the TAC and other like systems are reliant on people like the accused telling the truth. The Magistrate noted that the duration and quantum of offending in this case was not insignificant and in her view this is a very serious matter. The objective seriousness put this in the higher range although she took into account that the accused had not opposed the order for restitution sought by the prosecution.

Restitution:	$36,484
Total Fines:	$
Disbursements:	$
Statutory Costs:	$
Professional Costs:	$1,405

Stay: