Charges:

2 charges of fraudulent obtaining Loss of Earnings and Loss of Earnings Capacity benefits pursuant to s116 of the Transport Accident Act 1986.

Plea: Guilty

Result:

The Magistrate imposed a 12 month Community Corrections Order (with conviction) with the accused to perform 200 hours of unpaid work only.  The accused was also ordered to pay the TAC compensation in the amount of $87,451.25 and professional costs of $1,986.

Remarks:

The accused had been charged with fraudulently obtaining Loss of Earnings and Loss of Earning Capacity benefits between September 2017 and December 2019.  After conducting an investigation it was discovered that the payslips supplied to the TAC by the accused were in fact false and that the accused had returned to work almost immediately after her transport accident.  The Magistrate deemed the accused suitable for a Community Corrections Order (CCO).  The plea in mitigation proceeded with the defence seeking the accused be sentenced to a work only CCO but that the sentence be imposed without conviction.  The Prosecution submissions were that while a CCO was within range in the circumstances given the severity and the circumstances of the offending it must be imposed with a conviction. The Magistrates commented that this offending was substantial and this sort of offending is essentially against the Victorian community.

Restitution:	$87,451.25
Donations:	$
Disbursements:	$
Statutory Costs:	$
Professional Costs:	$1,986

Stay: