Charges:

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

Plea: Guilty

Result:

The accused was sentenced to pay a fine in the amount of $10,000 as an aggregate sentence for both charges, without conviction. The accused was also ordered to pay the TAC $24,123.04 in compensation and professional costs of $1,423.

Remarks:

The accused lodged certificates of capacity during the offending period falsely stating no capacity to return to work and/ no returned to work when the accused in fact returned to employment.  In reaching a sentencing the Magistrate agreed that there was a late plea of guilty in the context of a reasonably strong prosecution case and that the offending involved repeated failures to report employment activity to the TAC.  The Magistrate noted that he did not consider there to be a high level of remorse, but rather a high level of regret that the accused came to be charged for his offending. The Magistrate also noted that the accused would not be able to perform community work due to his transport accident related injuries.

Restitution:	$24,123.04
Total Fines:	$10,000
Disbursements:	$
Statutory Costs:	$
Professional Costs:	$1,423

Stay: