Charges:

1 charge of fraudulent obtaining Loss of Earnings benefits pursuant to s116 of the Transport Accident Act 1986.

Plea: Guilty

Result:

The Magistrate determined to impose a conviction, with a community corrections order. The accused is to complete 120 hours of unpaid work, 40 hours of which can involve medical treatment. The Magistrate indicated that had the accused not entered an early plea and commenced repayment, he would have imposed a period of imprisonment. He noted that the quantum was significant, amounted to thief from the public purse, and involved the forgery of a doctor’s signature.  A compensation order was obtained for the total of the benefits obtained, being $40,766.05. No order for costs was made.

Remarks:

The accused submitted 13 certificates of capacity in which the accused had forged the signature of her general practitioner.  The offending was uncovered upon the TAC’s receipt of the accused’s GP records and with the accused’s GP provided a statement confirming same.  The offending spanned a period of 12 months. The court was advised that the accused has entered an early plea, and commenced repayment of the debt (TAC has received weekly payments of $100 since January), the accused had suffered physical and psychological injury as a result of the subject accident, and for many months post-accident received income benefits from the TAC (supported by genuine certificates of capacity). As a result of the accused compromised state and falling in with the wrong crowd, the accused commenced drug taking. The offending occurred when she was affected by drugs.  The court was provided with reference letters which supported that the accused had ceased drug use, and was now engaged in full-time employment. The accused also accepted responsibility for her actions in a letter addressed to the Court.

Restitution:	$40,766.05
Total Fines:	$
Disbursements:	$
Statutory Costs:	$
Professional Costs:	$

Stay: