TAC successfully prosecuted the accused in the Magistrates’ Court.

The accused was charged with obtaining financial advantage by deception as a result of a TAC investigation.

The accused was involved in a transport accident in February 2021 in which the accused was deemed at fault and sustained injuries which included concussion, nausea and headaches, requiring treatment.

The TAC investigation resulted in evidence being obtained which indicated the accused returned to work in the beauty industry without advising TAC of this.

The accused plead guilty after several appearances and was represented at the sentencing hearing.

At the plea hearing, the Magistrate after hearing a summary of the offending adjourned the matter for sentence for the accused to be assessed for a Community Corrections Order (CCO).

The accused was assessed as unsuitable for a CCO, with the assessment report referring to the accused as a low risk of reoffending, lack of drug/alcohol problems and mental health issues. The accused legal representative pressed for a CCO, with the reasons being the court would be going backwards in the sentencing hierarchy, the accused has no capacity to pay fines, and the charges too serious to consider an undertaking. Defence agreed with this position.

The Magistrate then handed down their sentence =

With conviction a 2 year CCO was imposed to perform 120 hours of community work and the accused was ordered to pay $109,332.41 in compensation and costs of $7,500.

The Magistrate in sentencing remarked:

• Offences of this type and amount usually attract a term of imprisonment.
• Corrections stating the accused was not capable of undertaking community work was incredulous given the accused had worked for over 2 years whilst receiving TAC benefits.
• The amount of community work is half of what he would normally impose, as he considered the accused’s physical and mental health problems.
• Everyone pays more for their car registration because individuals like the accused who ‘rort’ the system.

Restitution:	$109,332.41
Total Fines:	$
Disbursements:	$
Statutory Costs:	$
Professional Costs:	$7,500

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