Suspended sentence for obtaining financial advantage by deception; workers compensation payments

Our client had a work place injury and received workers compensation but failed to disclose his second job. This lead to him allegedly receiving a total of $33,553.00 in compensation payments that he was allegedly not entitled to.

The matter resolved after multiple court dates to a plea to a charge of obtaining financial advantage by deception for a total restitution amount of $25,000.

We represented the client at the Sunshine Magistrates’ Court.

We managed to reduce the total amount to be repaid by $8,500 through negotiations with the Prosecution, as well as avoid a term a custodial term of imprisonment for our client. We pointed out through various email and in person negotiations that the client, whilst not declaring his second job, would still have been entitled to an amount of compensation because he suffered a legitimate long term injury in the course of his work.

Whilst conceding he obtained an advantage, it was not clear how much advantage he obtained, certainly not the full amount. We managed to negotiate the change of $8,500 without having to contest the charges.

Further, the client managed to avoid going to prison when it was initially indicated by the court that he would be going to prison on a plea. This was achieved by adjourning the matter, preparing a thorough plea in mitigation, and securing the Prosecution’s support for a suspended sentence only.

 


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 25/02/2013