Surname: H
Other Name: Paul
Hearing Date: 16 Mar 2017
Court: Geelong Magistrates’ Court
Magistrate: Coghlan
Fraud Amount: $34,989.67

Nature of Offences (Including Act, Section & No of Counts)

Charges:

1 charge of fraudulently obtaining LOE and LOEC benefits pursuant to s116 of the Transport Accident Act 1986 and 1 charge of providing false or misleading information pursuant to s117 of the Transport Accident Act 1986.

Plea: Guilty

Result:

Conviction and sentenced to 3 months imprisonment for the charge of fraudulently obtaining benefits and 2 months for providing false or misleading information, with 1 month to be served cumulatively resulting in 4 months imprisonment. Restitution of $34,989.67, filing costs of $119.90 and professional costs of $500.00. The accused lodged an appeal for bail which was granted and appealed the decision.

Remarks:

The accused returned to work almost immediately after the motor vehicle accident and continued to work on and off for the next 2 years without advising the TAC of a return to work.

Appeal:

The appeal was heard 04/04/2017 and Her Honour Judge Campton at the Geelong County Court suspended the sentence for 12 months. Her Honour identified that the accused had no significant priors, the plea of guilty and the amount involved compared with other cases warranted that the sentence be suspended rather than an immediate term to serve.

Payable to TAC

Restitution:

$34,989.67

Yes

Total Fines:NIL

N/A

Disbursements:NIL

N/A

Statutory Costs:$119.90

No

Professional Costs:$500.00

Yes

Stay: