A valuable health sector worker will get a shot at keeping her job after being convicted of benefit frauds totalling $208,945.
At the time of her sentencing in the Christchurch District Court, the South Island woman was already showing signs of the medical treatment she needed from the latest assault in the “difficult and dangerous” sector where she works.
The assault by a patient had aggravated an earlier injury, putting her off work for at least two weeks, Judge Jane Farish noted as she spoke about the sentencing difficulties and the unusual circumstances.
She said that it had become clear that if she imposed anything more than community work, the 50-year-old would lose her job.
Ministry of Social Development prosecutor Chris Hunt had called for a more punitive sentence on the 20 charges of dishonestly using a document and obtaining money by deception. He pointed out that at current repayment arrangements, the woman was paying back only 1.3 percent of the money each year.
But defence counsel Josh Lucas urged a conviction and discharge because it was clear that community detention was not going to work, and he asked for final name suppression.
Judge Farish said that over seven years six months the woman had failed to tell the Ministry about a relationship which was seen as supportive even if it did not continue as a romantic relationship. She had also failed to tell the Ministry about her work.
She had trained and taken up work in a highly specialised field where there was lack of staff and dangers posed by the people involved.
The woman had to cope with family health difficulties and had to support a relative who was a victim in a court case which had taken nearly four years to be completed because of the earthquakes, counsel’s illness, and delays with the jury system.
“I can understand you being so distracted that you put notifying the Ministry about your income on the go-slow,” Judge Farish told the woman.
If the overpayments – which eventually totalled $208,945 – had been over a shorter period, she might have considered a discharge without conviction.
Instead, she decided to convict and discharge the woman, but made no reparation order because a repayment arrangement was already in place.
The conviction meant that meant there would still be a professional review, and she might be stood down while that was considered. However, the woman was well sought after in a system that was wanting to retain specialist staff.
“Imposing community detention would mean she would lose her job, and the state will not get its money, and it will lose someone who is well qualified and well regarded, and needed,” the judge said.
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