The Queensland Court of Appeal held that a non-custodial sentence for sustained Medicare fraud involving over $5,000 obtained through 163 fabricated receipts over nine months was manifestly inadequate. The majority (Pincus JA and Thomas J) substituted a sentence of twelve months' imprisonment with release after three months, holding that deterrence of fraud against Commonwealth agencies generally requires a custodial sentence and that post-sentence factors (recent employment, family circumstances) did not make it unjust to impose custody on appeal. The President agreed the appeal should be allowed but would have imposed a fully suspended sentence with community service, holding that deterrence could be sufficiently met by a suspended term.
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