A FORMER youth mentor who used two identities to defraud Centrelink of more than $58,000 has been sentenced to nine months behind bars.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Robert Davis, who is also known as Shaheed Muhammed Abdul Malik, faced seven counts of obtaining financial advantage by deception after claiming two benefits from the social welfare organisation.
The offences were laid after Davis claimed $58,761 in Centrelink payments under his alternative name.
He pleaded guilty to all charges, and appeared before Armidale Local Court for his sentence hearing on Monday.
The 47-year-old, who previously volunteered as a mentor for at-risk youths in Sydney, told the court he had been in the process of repaying the fraudulently-acquired funds over the past four years. But Davis said he had been unable to work in his usual capacity in the construction industry because of a back injury in 2013.
“I’ve still been paying … $60 per fortnight,” Davis said.
“I didn’t try to get out of my debt.” More than $2000 was repaid via this method, the court heard.
Davis told the court four of his six children lived with him in Armidale, and he used the fraud money to support them.
“I wasn’t initially using the two different names with fraudulent intentions,” he said.
“I stopped doing it for a while where I could.
“I felt guilty.
“I know right from wrong.”
But Magistrate Michael Holmes was concerned about Davis’ attitude to his offending in his presentence report, which said the 47-year-old viewed the fraud as a “victimless crime”.
“You misled them greatly,” Magistrate Holmes said.
“That was taken out of context,” Davis said.
“I know that taxpayers have to pay.
“I didn’t think it was a victimless crime.”
Defence solicitor Patrick Kennedy said his client had been open and remorseful about the fraud and asked Magistrate Holmes to consider handing down a sentence that reflected Davis’ service to the community through his volunteer work.
He said Davis worked with troubled teenagers to turn them away from a life of crime.
“He’s going out … to help young people be diverted away from the criminal justice system,” Mr Kennedy said.
“He would seen to be giving to the community.”
But Magistrate Holmes said he had no other option than to imprison Davis.
“This was no temporary dipping into the till crime,” he said.
“There is no evidence the defendant was motivated by need.
“In this case, I use the word greed.”
Davis was sentenced to 18 months imprisonment, with a non-parole period of nine months.
A reparation order was also made for Davis to repay the full sum of money owed to Centrelink.
Yesterday, Davis was granted bail after launching an appeal against the severity of the sentence.
Magistrate Holmes ordered Davis to post a $1500 cash surety to secure his release, and banned him from leaving the state and entering international departure points.