May 28, 2008

Pressure from father blamed for offending

A woman had been under considerable psychological pressure from her father when she committed her second bout of benefit fraud offending, Judge Raoul Neave noted when he decided not to jail her today.

Rebecca Anne Barlow, 36, had succumbed to pressure from her father again in recent weeks, according to her pre-sentence report. ?That?s going to have to stop,? Judge Neave told her.

?I accept that the demands made on you by your father and his combination of problem is what has led to this offending. You have been a provider of funds under considerable psychological pressure from your father.

?The only way you have been able to make ends meet is by falling behind in your obligations to the State,? he said.

Barlow had earlier pleaded guilty to charges of wilfully omitting to tell the social welfare authorities of a change of circumstances, and dishonestly using a document.

Defence counsel Glenn Henderson told the court she had been under considerable pressure because of family circumstances and her business.

Judge Neave noted that she had already repaid the $6207 she had been overpaid through the benefit fraud. Mr Henderson told him she was also continuing to repay the money owed from her previous benefit fraud conviction in 2001, at a rate of $30 a week.

Judge Neave said repeat benefit fraud offending would normally mean a jail term, but he took the full repayment and the family pressures into account in deciding to impose a community-based sentence.

He released Barlow on suprerision for a year with special conditions that she undertake counselling and rehabilitation courses as directed, and he ordered that she do 300 hours of community work. The community work can be converted to training hours if required.