Our client was charged with multiple counts of dishonestly obtaining financial advantage by deception from a Commonwealth entity, and one count of attempting to dishonestly obtain financial advantage from a Commonwealth entity.
What is alleged to have occurred?
It was alleged that our client provided false information regarding her employment to Service Australia to claim the payment of Pandemic Leave Disaster Payments (PLDP).
The matter was heard summarily in the Magistrates’ Court because the total amount of the payment claimed was at the lower end of this type of offending (under $10,000).
The client received the PLDP on several separate occasions by claiming to be employed by companies she was not actually employed by at the relevant times. This resulted in our client receiving payments she was not entitled to receive.
On another occasion, our client lodged a claim for a PLDP payment and later withdrew that claim, therefore attempting to dishonestly obtain a PLDP.
The offending occurred over a period of several months and was well documented.
Our client chose to plead guilty to the charges at an early stage.
It must be noted that the client was only 20 years old at the time of the offending and had no prior convictions. The client was eager to avoid a conviction being imposed on this occasion as it would negatively impact current university studies and future employability.
We engaged in proactive negotiation with the prosecution prior to the court appearance and managed to resolve the matter so that seven charges were reduced to three charges.
We also prepared our client for the plea in mitigation by providing clear guidance as to the type of materials that should be obtained to place the client in the best possible position including character references and a letter of apology.
What happened at court?
One aggravating feature of the client’s obtaining financial advantage from the Commonwealth was that it was deliberate and occurred over a period of time. The client had multiple opportunities to desist from offending but chose not to cease the offending until it was subject to investigation. This was a matter that needed to be addressed on the plea.
Our client’s offending was explained by reason of the enormous financial pressure they were experiencing at the time of the offending having to provide for family financially and others in the family being unable to work. Before the plea, the client began making payments to repay the money that was misappropriated. This was relied upon on the plea, as were submissions about our client’s remorse reflected by their early plea and letter of apology that showed willingness to accept responsibility.
What was the result?
The Court ultimately agreed to our lawyer’s submissions as to sentence and placed our client on a two-year adjourned undertaking without conviction. The client was also ordered to pay restitution and costs to Services Australia within a 6-month period.
Zoe Zhou
Zoe regularly represents clients at the Broadmeadows Magistrates' Court as well as other suburban and regional courts. She is fluent in Mandarin which makes her an even more effective lawyer for our Mandarin-speaking clients.With a strong foundation in criminal defence, Zoe has been been actively involved in case management, legal research, and trial preparation in both areas of criminal law and commercial law.
View Zoe Zhou's profile.
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 01/11/2024
