“Don’t muck about with government money” – or so the Magistrates and Judges say. Centrelink and tax-rorting offences are viewed extremely seriously by the courts. If you are charged with one of these offences, you need an expert criminal lawyer from Australian Criminal Law Group.
Please note before being charged with these offences, people are often offered interviews by Centrelink or the Australian Taxation Office. We strongly suggest contacting us before opening your mouth and potentially making things worse. Any admissions you make may be used against you in court proceedings.
If you intend to plead guilty to an Obtain a financial advantage charge, depending on the seriousness, our criminal lawyers can have Obtain a financial advantage offences dismissed without a conviction which would otherwise result in our clients being sentenced to prison.
How do I beat a charge of Obtain financial advantage?
You will be found not guilty of the offence of Obtain a financial advantage if the police cannot prove beyond reasonable doubt:
- You engaged in conduct (e.g. failing to declare income, obtaining a single parent allowance whilst living in a de-facto relationship)
- As a result of that conduct, you obtained a financial advantage for yourself from another person; and
- You knew or believed that you were not eligible to receive that financial advantage; and
- The other person was a Commonwealth entity.
If you agree that you have committed the offence and the police are able to prove so, it is best to plead guilty. You will normally receive a discount on your sentence, and it will demonstrate remorse and contrition. Our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts or even a less serious charge.
Obtain a financial advantage carries a maximum penalty of 12 months imprisonment. This penalty is typically reserved for the worst offenders. Our solicitors have a proven track record of not only keeping our clients out of jail, but (depending on the seriousness of the allegation) also having the offence finalised without the recording of a conviction.
You can read about all the sentencing options that a court has, including about not having a conviction recorded here.
Do I need references?
We believe references are an extremely important part of a plea of guilty in court. To find out more about how to write a good reference, click here.
Why choose Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best outcome possible for Obtain a financial advantage charges. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or jail.
To discuss your charge of Obtain a financial advantage, call Australian Criminal Law Group at our Sydney, Parramatta, and Blacktown offices or make a website inquiry today.
Mr Correy represented two young men charged with defrauding their employer of tens of thousands of dollars by creating fake customer accounts to obtain commissions. Our solicitor submitted that their criminal culpability was lower than most similar cases because their manager had drawn them into the scheme unwittingly and they continued the criminal behaviour acting under a degree of duress in that they feared they would lose their jobs if they ceased. The Magistrate agreed with our lawyers’ submissions and dismissed the charges pursuant to section 10, meaning no conviction was recorded.
Mr Correy represented a man charged with 11 counts of fraud, two counts of Participating in a criminal group and deriving profit from one, and knowingly deal with proceeds of crime, which has a maximum penalty of 20 years imprisonment. Mr Correy had all the offences withdrawn and a new charge of deal with money reasonably suspected of being proceeds of crime. The deal that Mr Correy got his client was better than all the co-Accused received. At sentence, the magistrate did not record a conviction.
Mr Harb represented a woman who defrauded her employer out of $280,000 dollars over a period of 18 months. He negotiated the figure to $210,000. He convinced the court to give his client 15 months home detention.
Australian Criminal Law Group represented a client charged with defrauding a charity of $150,000. He successfully argued that the court had alternatives to imprisonment and the Magistrate did not send her to jail.
Mr Correy represented a young man pleading guilty to tampering with odometers and then reselling cars at inflated values. He defrauded a dozen people for a profit of more than $50,000.00 over 12 months. Fair Trading did not detect his illegal activities until more than six months after he had ceased engaging in the criminal behaviour. Mr Correy argued that due to his voluntary cessation of criminal activity, there was a public interest in dealing with him leniently. The Magistrate agreed and he received a good behaviour bond.