Centrelink Fraud - Obtain Money By Deception - Suspended Sentence - District Court Appeal - prison sentence quashed - Centrelink Benefits overpayment - penalties

Published 24 Oct 2011

Case Study -

Criminal Lawyers Sydney and Parramatta Offices 

Centrelink fraud – criminal matter - obtain financial advantage by deception x 3 - social security fraud - Commonwealth matter - plea of guilty - severity appeal – penalty too severe – suspended sentence instead of imprisonment 

Nyman Gibson Stewart

Criminal Lawyers 

Parramatta District Court

Represented by Jasmina Ceic 

Facts: Client was prosecuted for obtaining $43,500 from Centrelink by deception over a period of 3 years, when she was not entitled to receive any benefits. Client was a 49 year old mother of 4, who suffered severe depression and a number of medical problems due to ongoing physical and sexual abuse by her husband. Client spent the money on items of need for her 4 children. Client pleaded guilty at the earliest opportunity and had started repaying the money to Centrelink. Client received a sentence of full time imprisonment in the Local Court. Client lodged an appeal against the sentence on the basis that the sentence was harsh. 

Result: District Court Judge found very special and exceptional circumstances based on Psychiatric and Medical material presented. The sentence of imprisonment was suspended and the client was placed on a Bond to be of Good Behaviour for 6 months.