TAC successfully prosecuted the accused in the Magistrates’ Court.

The accused was charged with fraudulently obtaining benefits and providing TAC with false and misleading information as a result of a TAC investigation.

The accused was involved in a transport in December 2022 where the accused was turning into a driveway and an offending vehicle reversed into the vehicle. The accused sustained neck, shoulder and back injuries as a result.

Concerns regarding the accused were raised after being difficult to contact and was seeking medical appointments outside normal business hours.  The ensuing TAC investigation resulted in evidence being obtained, including surveillance, which indicated the accused had returned to work in two separate businesses without advising TAC.

The accused plead guilty at the first available opportunity and was represented at the hearing.

After hearing a summary of the offending, the court heard submissions from the accused’s legal representative, which sought to convince the Magistrate not to impose a conviction on the basis it could affect the accused’s permanent residency application. The prosecution was then afforded the opportunity to provide submissions on sentence, these submissions centered on the need for general deterrence and denunciation and identified the prolonged period over which the offending took place.

The Magistrate then handed down their sentence =

• With conviction the accused was placed on a 12 month community corrections order with one condition that 150 hours of unpaid work be completed.  The accused was also ordered to pay TAC $56,978.28 in compensation and TAC’s costs of $1,975.

In their sentencing remarks the Magistrate noted the dishonesty took place over a period of 12 months with false certificates being filed over that period.  The accused was observed performing work like activities and the Magistrate did not accept the defense’s submission that the accused was driving a forklift merely for fun.

Restitution:	$56,978.28
Total Fines:	$
Disbursements:	$
Statutory Costs:	$
Professional Costs:	$1,975

Stay: