Good Behaviour Bond for Insurance Fraud

This is a case study on a sentence of good behaviour bond for insurance fraud.

What is alleged to have occured?
Our client was one of seven people involved in an insurance fraud enterprise. One of his co-offenders (the primary offender) purchased second hand cars from car auctions and would ’sell’ these vehicles at inflated prices to our client and other co-offenders using false sale contracts. No money would actually be exchanged when these sales occurred. The client and other co-offenders would then insure the cars at the inflated sale price.

The primary offender would then deliberately smash the insured cars in his car yard and our client and other co-offenders would claim insurance on the damaged vehicles. Insurance companies paid out one of the claims and commenced investigations into the others. Our client and his co-offenders were eventually charged with Obtain Property By Deception and Attempt to Obtain Property By Deception.

What happened at court?
We provided legal representation for our client at the Broadmeadows Magistrates’ Court. The charges were:

Although the offending was sophisticated and pre-meditated, our client was sentenced to a 14-month good behaviour bond for insurance fraud. This was imposed without conviction along with an order for our client to pay compensation to the insurance company. This was an excellent result for our client. The primary offender in this matter was sentenced to a term of imprisonment and the other co-offenders received Community Corrections Orders.

We were able to obtain this result for our client in four ways: Firstly, we examined the evidence closely and saw that our client made full admissions and helped the investigation at every stage of the matter, whereas other co-offenders gave inconsistent statements and made belated admissions if they made them at all.

Secondly, we investigated our client’s medical history and obtained evidence of substantial mental health problems during the period of the offending which had since been treated. We tendered this evidence at our client’s plea.

Thirdly, we had a lengthy and detailed conference with our client and learned how the primary offender manipulated him and orchestrated the insurance fraud. We confirmed this version of events with the police informant.

Fourthly, we listened to our client and developed a clear understanding of the hardships and difficulties our client had experienced throughout his life and his subsequent rehabilitation.

We made submissions to the magistrate at our client’s plea hearing noting the above factors.

What was the result?
The magistrate decided that given our client’s circumstances, a merciful sentence was appropriate in his case which ended up being a good behaviour bond for insurance fraud.

Elements of Obtaining Property By Deception:
  • The accused obtained property belonging to another.
  • The accused did so with the intention of permanently depriving the other of the property.
  • The accused used deceit to obtain the property.
  • The accused obtained the property dishonestly.
Related case studies
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 08/04/2019