The Charges: Obtain Financial Advantage – The maximum penalty for each charge under section 135.2(1) of the Criminal Code (Cth) is 12 months imprisonment and/or a $6,600 pecuniary penalty
Attendance Date: March 2018
Location: Southport Magistrates Court
Our client was charged with 2 counts of Obtaining a Financial Advantage from Centrelink between 2010 and 2016. The total amount of the advantage alleged to have been obtained was close to $55,000 over that period of time. Our client was not happy with the representation and advice provided to her from her previous lawyers and came to our firm for representation. She commented that in one conference with us, she already gained more information regarding her legal matter than during all the time she had retained her previous representation.
Our client pleaded guilty to the offence. We advised her to gather certain materials to assist with her mitigating circumstances. These offences hold a maximum penalty of 12 months imprisonment and are taken as being very serious before the Court. As a result, most people charged with Obtaining a Financial Advantage who plead guilty or are found guilty spend time in actual custody for a number of months. This is not an uncommon result.
Our expert Legal Team represented the client and provided case law precedents to the court to assist with sentence. We achieved a fantastic and rare result which allowed the client to remain in the community without needing to spend any time in custody. The client was sentenced to 12 months imprisonment released forthwith upon signing a recognizance in the amount of $2,000.00. This was a fantastic result.
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