Should I Plead Guilty Or Not Guilty For My Centrelink Fraud Charges?

According to the Australian Institute of Criminology (AIC), between 2008 and 2009, there were a total of 3,228 fraud convictions against individuals who were receiving welfare payments directly from Centrelink, of which over $47 million were linked with the prosecution. Statistics have shown that in more recent times, acts of Centrelink fraud have decreased. 

Centrelink fraud is a very serious criminal offence that the courts take very earnestly. With that being said, criminal offences require experienced criminal lawyers Parramatta, such as Benjamin Leonardo – The Defenders, as this can be the difference between no conviction, no criminal record and freedom or a conviction, criminal charges and jail time. Our Sydney criminal lawyers are professionals in obtaining the best possible outcome for Centrelink fraud charges.

Penalties For Centrelink Fraud Offences

Due to the fact that Centrelink fraud is more intricate and complex compared to other criminal crimes, there are quite a few criminal charges and penalties that one may receive if they have been convicted of Centrelink fraud.

According to the Criminal Code, the maximum penalties for Centrelink fraud are stated below:

• Obtaining a financial advantage by deception: Imprisonment for 10 years
• Making a false claim for benefit (general dishonesty): Imprisonment for 10 years

Although the maximum penalty is 10 years imprisonment, the Court has the capacity to impose alternative penalties depending on various factors such as personal circumstances, past criminal history, and the circumstances surrounding the offence. Alternative penalties can include home detention, fines, suspended sentences, community service orders or intensive correction orders.

What Happens When I Plead Guilty To Centrelink Fraud Charges?

If you decide on choosing to plead guilty to your Centrelink fraud charges, and the prosecution team is successfully able to prove that you did commit such a crime, you will likely face the following penalties listed above.

A guilty plea, however, shows remorse towards the Court, and this can sometimes result in a less severe penalty. For instance, if you have no previous criminal history, the Court is likely to reduce the charges placed against you as well as a reduced sentence.

What Happens When I Plead Not Guilty To Centrelink Fraud Charges?

If you choose to plead not guilty to your Centrelink fraud charges, the prosecution will need to prove beyond reasonable doubt that you, in fact, did commit the following offence. If the prosecution is deemed successful in providing a defence against you, you can be convicted and be imposed the penalties above.

Our criminal lawyers Parramatta dedicate their time and expertise to achieve the best result possible for all our clients. We will cross-examine the evidence that has been placed in front of the Court and will apply relevant defence strategies in order to revoke such allegations. If successful, the Court will entirely dismiss the charges against you or, in some instances, will downgrade your charges and lessen your sentence.

What Defences Will Sydney Criminal Lawyers Use?

To be able to nullify the criminal allegations that have been placed against you in regard to your Centrelink fraud offence, our Sydney criminal lawyers may proceed with the following defences on your behalf:

Lack Of Intent: When it comes to Centrelink fraud cases, it is left up to the prosecution to demonstrate your criminal intent and misleading or fraudulent behaviour. Although, in some circumstances, a defendant may be credible to triumphantly utilise the defence of lack of intent if they were guided to suspect that they, in fact, were following the certain requirements of their welfare entitlement and were unknowingly acquiring a benefit.

Wrongfully Accused: Regrettably, in some cases, the accused appear to face trials for a crime that they did not commit. If there is sufficient evidence to prove that you did not commit Centrelink fraud, you may have an appropriate defence. For example, an employee of Centrelink may have overestimated the financial benefit that is to be paid to a certain individual, which the defendant perceived for it to be the correct amount that they were actually entitled to. In this case, the defendant will no longer be guilty of Centrelink fraud.

Duress: surrounds the use of unlawful force in order to convince an individual to take part in an act that they would not generally take partake in. This force may result in harmful threats in the form of death or severe bodily harm whereby the accused will be convinced that if they do not participate in such an act, they will be at risk.

Which Court Will I Be Attending?

Centrelink fraud can be extremely intricate and can generally vary in severity. Those cases that are less serious in nature will be placed before a Local Court. On the other hand, cases that are more serious in nature will be prosecuted within the District Court.

Searching For Reputable Criminal Lawyers Parramatta?

When looking for experienced Sydney criminal lawyers to defend your drug offence case, it is important to find criminal lawyers who are both reliable and have a high success rate in achieving the best possible outcomes for their clients.

Having defended more than 3,800 criminal defence cases with a success rate of over 90%, Benjamin Leonardo, Criminal Lawyers in Parramatta & Sydney, issue their clients with knowledgeable legal advice and flexible payment terms. If you have been charged with a Sydney criminal offence, such as a Centrelink fraud offence, please contact Benjamin Leonardo on (02) 9283 3033 for your first Consultation.