Charges:

1 charge of fraudulent obtaining Loss of Earnings and Loss of Earnings Capacity 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 Magistrate imposed a 12 month Community Corrections order with the accused to perform 150 hours of unpaid work only, with conviction.  The accused was also ordered to pay TAC compensation in the amount of $49,125.78 and professional costs of $1,423.

Remarks:

The accused was charged with fraudulently obtaining LOE and LOEC benefits by failing to advise the TAC of returned to employment and providing false or misleading information to the TAC by submitting Certificates of Capacity certifying the accused as having no capacity for employment when the accused had returned to employment.  The Court heard that the accused had lost his family pizza business due to the transport accident.  In relation to the sentencing disposition, defence counsel submitted that any sentence be imposed without conviction as a recorded conviction would affect the accused’s prospects of obtaining a job in financial services.  The Prosecution submissions were that a Community Corrections Order was within range in the circumstances and given the amount of money involved and the length of time over which the offending took place, the Community Corrections Order ought to be imposed with a conviction.

Restitution:	$49,125.78
Donations:	$
Disbursements:	$
Statutory Costs:	$
Professional Costs:	$1,423

Stay: