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This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

Fraud - s.29B Crimes Act 1914 (Cth)
Maximum Penalty: 2 years

CaseOffenceAmountPleaRecordSentenceResultFacts

Winchester
58 A Crim R 345

s.29B

$24,586.80

PG

no record for SS fraud

MT 12m
AT 4m

AA
CSO would have been appropriate but already served one month.
12 GBB

Female - Continued to collect supporting parents benefits, Nov 1984 - Dec 1987.

Hull
NSW CCA 14.10.1994

3 x s.29B

$76,000

PG

nil

3y
released on recog after 18m

AA
12m PD.

Female - Overpayment of pensions (failure to notify changes). No use of false names regarded as mitigating factor on appeal. Repayment being made through pension and mortgage on the house. Age, tragic history with government institutions and health.

Godbier
NSW CCA
27.3.1997

3 x s.29B

$40,224

PG

False pretences

6m PD

AD

Receipt of unemployment and sickness benefits over 7 years - Failed to mention wife's employment
Ill health

Herrera
NSW CCA
6.6.1997

11 x s.29B

$90,073

VG

Priors, include stealing

2y 3m
NPP 15m

AD

Receipt of social security benefits over 7 years in 3 names. Mother of four year old son, suffering depression, anxiety disorder.

Redden
(77)

Redden
(female)
(74)

NSW CCA
18.7.1997

s.29B

PG

nil

4y GBB
$12,000 fine

Crown AD.

Elderly couple - receipt of service pensions from Dept Veterans Affairs over 10 years - non-disclosure of interest in property - full restitution - ill health of wife.

Karaiskakis
(30)
NSW CCA
3.4.1998

29 x s.29B

$226,971

PG

nil

14m
released on recog after 2m

AD

Used position and knowledge as tax auditor to obtain false tax refunds. Opened false bank account.
All money recovered - good subjective features - young daughter suffering serious illness

Molesworth
(68)
NSW CCA [43]
12.3.1999

7 x s.29B

$73 327.32

PG

18m
NPP 12m

AD

Received widow's pension while employed and falsified records.
Motivated by gambling addiction and break up of destructive marriage.
Lonely; no likelihood of making full reparation.

Lopez
(22)
NSW CCA [245]
12.3.1999

4 x s.29B

$23,891.66

PG

6m

AA
18m PD
(1m PSC)

In receipt of two social security payments over 4 year period. Committed offences out of need for money to bring wife out from Peru. Stopped claiming second payment 12 months prior to being discovered.
Arrangement made to repay money from salary - contrition and remorse - delay in proceedings..

Hart
(74)
NSW CCA [204]
26.7.1999

s.29B

$75,597

PG

similar offence

300h CSO

Crown AD
(exceptional medical condition of appellant)

Female - Failed to declare receipt of husband's superannuation payments after his death. Continued to receive pension. Overpayments made over ten years.
Suffering poor health.
Non disclosure less serious than positive misrepresentation.

White
(23)
NSW CCA [343]
3.9.2001

5 x s.29B

$41,179

PG (20%) 

nil

18m
NPP 9m

AA
FT 2m 3w (already served)
PD 15m (NPP 6m)

A claimed and received differing benefits from DSS to which she was not entitled in her mother's name.
Good character. Repaying debt to Cth. Single mother of child. Hardship to child.

Thompson
(2002) 130 A Crim R 24

36 x s.29B

$20,190

VG

3y 9m
NPP 2y 6m

AA to rearrange sentences:
total sentence retained

As administrative officer of Centrelink fraudulently obtained money over 4 months.
Bad health of wife and appellant.
Principles of Pearce breached by single sentence.

Higgins
(35)
(2002) 133 A Crim R 385

3 x s.29B

$52,599.26

PG

record for drugs and dishonesty

18m
released on recog after 6m

AA
6m
12m recog
(cumulative)

Collected benefits over 5 years - Used assumed names and false documentation
Suffering HIV

Hunt
NSW CCA [482]
3.12.2002

2 x s.29B

$30,354.06

PG

fraud, stealing, assault

PD 2y (NPP 18m)

Crown AD

Used false particulars to obtain Newstart Allowance - Obtained $23,669.60 over three years whilst receiving valid Disability Support Pension - Also obtained $7,864.46 over nine months under similar circumstances.

Sanchet v DPP
NSW CCA [291]
11.9.2006

40 x s.29B
21 x s.135.1 Criminal Code

$402,967

PG

6y
NPP 4y

AD

High degree of planning and sophistication - offences committed over four years using 22 false identities
Traumatic background - Kuwaiti - suffering PTSD and depression - assistance

Charkawi
NSW CCA [159]
4.7.2008

2 x s.29B
4 x s. 135.1

Over $106k

PG (10%)

dishonesty

4y
NPP 2y 6m

AD

Over 6 years used false identities to obtain social security payments - well-planned.
Able to repay $45k

Ord
NSW CCA [162]
8.8.2008

3 x s.29B
6 x s.135.1

$75k

PG

Total 18m to be released on recognisance after serving 10 months 2 weeks.

AD

Applicant claimed welfare benefits by falsely stating she had care of her children when children were in care of grandparents.
Care of young child at time of sentence - no longer drug dependent.

Yarak
NSW CCA [298]
11.12.2008

3 x s.29B
3 x s.135.1

$75k

PG (25%)

Nil

Total 2y to be released on recognisance after serving 15 months.

AD

Over 7 year period applicant claimed single parenting payments whilst employed full-time.
Care of young child at time of sentence.

Ivanovic
(53-58)
NSW CCA [28]
3.2.2009

4 x s.29B
3 x s.135.1(5)

$49,012.64

PG

Dishonesty

2y 9m
released after 12m for 12m

AD

Received pensions over 5y period while employed or in receipt of other pension or workers compensation payments
Physical disabilities - reparation

 

 

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