Full pre-sentence restitution in social security fraud cases is one of a number of factors to be weighed under s 16A(2) of the Crimes Act 1914 (Cth) in determining both the head sentence and the ameliorating order; it does not entitle an offender to any particular mathematical reduction. A sentence of two and a half years imprisonment with release after 10 months on recognisance was within range for fraud of approximately $54,000 involving deliberate planning, false identities, and fabricated documents, notwithstanding full restitution and no prior criminal history.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.