Prosecution Report - Client AY

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 accident in October 2023 where another vehicle veered into the accused’s path colliding with the accused head on – the injuries sustained comprised of hemoperitoneum and left knee injury.

The TAC investigation resulted in evidence being obtained which indicated the accused continued with their pre-accident employment as a civil engineer but also as an Uber and Menulog driver, while at the same time receiving LOE benefits.  The accused had not advised TAC of his return to work.

The accused plead guilty at an early opportunity and was represented at the hearing.  Prior to the plea being entered into the accused entered into a Deed of Repayment with TAC and was making payments up until the plea hearing.

After hearing a summary of the offending, the court heard submissions from the accused’s legal representative, and the prosecution was then afforded the opportunity to provide submissions on sentence, these submissions.

The Magistrate then handed down their sentence =

  • The accused was given a Good Behaviour Bond, 24 months, with conditions to pay $4000 to Animals Australia and to continue the fortnightly payments to TAC.  The accused was not ordered to pay the TAC’s costs.