Obtaining Property by Deception – Good Behaviour Bond Without Conviction

The client moved to Australia from overseas in the early 2000s. At the time of the offence she had given birth to her first child, who was born with a congenital physical condition that required on-going treatment, including surgery.

She began making online claims through her private health insurers to cover the costs of her son’s medical treatment. The offending occurred over a 10-month period. She was subsequently interviewed by police and made admissions to the offending, stating that she “needed the money” and admitted she “shouldn’t have done wrong”.

She pleaded guilty to obtaining property by deception, the amount totalling over $2500.

We acted on her behalf at the Melbourne Magistrates’ Court.

After pleading guilty, the client was placed on an adjourned undertaking (good behaviour bond), without conviction. The issue of receiving a non-conviction disposition was a significant one for the accused, who wanted to make a future application for permanent residency in Australia.

The Magistrate agreed that it was significant that the client had no previous Court appearances or charges for dishonesty (in fact, for any offence), and that she had previously been employed in supervisory positions that included handling money.

It was also considered significant that the client had saved the full amount prior to the plea hearing and was in a position to repay it immediately.

 


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