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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5055
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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Second opinion] - my sister is going to court in less than a

Customer Question

Second opinion] - Hi, my sister is going to court in less than a month because of receiving $36,000 in centrelink payments that she wasn't entitled to. She has a lawyer but for my piece of mind I want to know what are the chances of her being imprisoned? She has a prior conviction of fraud and theft over 7 years ago
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Victoria
JA: Has anything been filed or reported?
Customer: yes she is due to appear in court Dec 7th
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not at this moment
Submitted: 25 days ago.
Category: Australia Law
Expert:  Daniel replied 25 days ago.

Hello
It is a serious offence.
$36,000 = systematic planned fraud.
Taken from the Sentencing figures in Victoria:

Between 2009–10 and 2013–14, 208 people were sentenced for obtaining a financial advantage by deception in the higher courts. Of these people, 77 (37%) were given a principal sentence of imprisonment.

The number and range of offences for which people with a principal offence of obtaining a financial advantage by deception were sentenced help explain why imprisonment sentence lengths were longer for the total effective sentence than for the principal sentence. The median total effective imprisonment length was 3 years and 6 months while the median principal imprisonment length was 2 years.

Total effective imprisonment lengths ranged from 9 months to 16 years and 6 months, and non-parole periods (where imposed) ranged from 6 months to 12 years.

http://www.sentencingcouncil.vic.gov.au/publications/sentencing-snapshots/sentencing-snapshots-complete-series/snapshot-169-obtain-financial-advantage-by-deception

In short, going to jail? Chances are moderate. She is wise to get a Solicitor.

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Expert:  Daniel replied 24 days ago.

Hello
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Expert:  Daniel replied 23 days ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 23 days ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 21 days ago.

Hello
I note I have not received a response?
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Expert:  Daniel replied 19 days ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 18 days ago.

Hello
I note I have not received a response?
I wish to help you in this situation.