[2025] VCC 1253
General information, not legal advice.
County Court of Victoria
2025-08-28
Mr P
Original judgment source is linked above.
Sentence: Total effective sentence of 18 months with non-parole period of 12 months. Convicted and fined of $700. Compensation order of $133,650 to the Department of Jobs, Precincts and Regions.
(a) the TIP Program application was a genuine application;
(b) the TIP Program application was submitted by the person named in the application;
(c) the TIP Program support payment, if made, would be paid to the person named in the application; and
(d) the information contained in the TIP Program application was true and correct.
(a) the TIP Program application was a genuine application;
(b) the TIP Program application was submitted by the person named in the application;
(c) the TIP Program support payment, if made, would be paid to the person named in the application; and
(d) the information contained in the TIP Program application was true and correct.
(a) the TIP Program application was a genuine application;
(b) the TIP Program application was submitted by the person named in the application;
(c) the TIP Program support payment, if made, would be paid to the named person in the application; and
(d) the information contained in the TIP Program application was true and correct.
Where prior to sentence there has been a lengthy process of rehabilitation and the evidence does not indicate a need to protect society from the applicant, the punitive and deterrent aspects of the sentencing process should not be allowed to prevail as to possibly destroy the results of that rehabilitation.[2]
Chronic Fatigue Symptom is a complex, debilitating disorder characterised by profound fatigue that is not improved by rest and is worsened by physical or mental activity. The condition also typically includes symptoms such as an impaired memory or concentration, unrefreshing sleep, muscle pain, headaches, and post-exertional malaise (a worsening of symptoms following even minor physical or mental activity). It is a chronic illness with no known cure and can significantly impair daily functioning.
pre-date the pandemic. It was submitted you no longer have that addiction although you did not receive any formal treatment. 10. In your Counsel's oral submissions, he referred to your Web design business which had been adversely affected by your 10 years of fluctuating mental and physical health. He indicated you were diagnosed with bipolar in 2015. He referred to your 'serious mental condition' and 'debilitating physical condition'. I note these afflictions did not prevent you from embarking on your offending to which you were clearly able to apply energy and focus. The nature of the offending causes me to lessen the weight I give to the medical material with respect to the debilitating and disabling nature of your illnesses. I note neither medical practitioner's letter made mention they were aware of this offending. Not only have you systemically applied your endeavours in a dishonest way manipulating the State revenue which was designed to assist workers during the pandemic, you have also used the private information of a significant number of people by accessing personal records from your father's real estate business. There is a breach of trust of the State through the abuse of the remedial and beneficial payment program which operated on a self-reporting basis. 11. Further, you have breached the privacy of the individuals whose names you used and breached your father's trust through accessing the records from his real estate company. 12. I give less weight to your prospects for rehabilitation. I note you have recently completed the two community corrections orders, you are in a loving and stable relationship, you are receiving some treatment for your mental health and physical diagnosis and you have had some part time work with the Australian Electoral Commission. You are 38 years of age and have had multiple opportunities by the courts to engage in rehabilitation. 13. In my view the sentencing principles of specific and general deterrence and punishment, as well as protection of the community and I give greater weight to those purposes than to your rehabilitation. Your relevant prior convictions for dishonesty are relevant to my consideration. 14. Given the purposes for which a sentence is to be imposed, particularly general deterrence, and taking into account the seriousness of your offending, high moral culpability and your criminal record, a term of immediate imprisonment is warranted and the appropriate penalty. 15. I note the prosecution seeks a compensation order of $133,650 to the Department which you have consented to.
18 months base sentence on charge 2, charge 4 concurrent
Attempt to obtain a financial advantage by deception
Unauthorised possession of poison or controlled substance
18 months imprisonment with a non-parole period of 12 months
6AAA Statement: Three years and six imprisonment with a non-parole period of two years and nine months
[3] Letter by Dr Richard M Smith dated 9 July 2025.
[4] Letter by Professor Saroja Krishnaswamy dated 10 July 2025.
[5] Letter by Kristen Molenkamp dated 5 August 2025.
[6] Confirmation of Casual Engagement - 2025 Federal Election dated 1 April 2025.
[8] Criminal Record History dated 13 March 2025.
DPP
Velissaris [2025] VCC 1253