Without Conviction for Obtain Financial Advantage From Commonwealth
The client worked long hours and withdrew her superannuation to put her husband through private rehabilitation. The husband earnt approximately $100 per week and used this on supporting his habits. He would also use our client’s income to support his habit and the only income he had no access to was her centrelink benefit.
As a result, our client underdeclared her earnings so that she could use the centrelink benefit to support herself and her children. It was a misguided attempt at keeping her family afloat but at the time she did not feel she had any other option. The relationship got to the point where he was physically violent towards our client and she then packed her belongings, took the children, and left. She was diagnosed with depression and anxiety as a result of her experiences within the family home.
Dee Giannopoulos represented the client at the Dandenong Magistrates’ Court on the charge of Obtain Financial Advantage From the Commonwealth.
The prosecution pushed for a conviction. They submitted that it was a very serious offending and the material provided to the court from our client’s psychiatrist and general practitioner did not show that she was not in an appropriate frame of mind at the time of the offending. This is even with taking into account the circumstances our client endured in the family home at the time.
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 22/11/2017