In sentencing for social security fraud under s 135.2(1) of the Criminal Code Act 1995 (Cth), the potential loss of employment is a matter of much significance in terms of rehabilitation and must be given weight. The fact that an offender is a sole parent of a young child is a relatively significant factor but not conclusive as to whether immediate imprisonment is appropriate. Sentencing statistics showing that the majority of prison sentences for social security fraud are accompanied by recognisance release orders are a helpful yardstick but do not supplant examination of the particular circumstances of each case.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.