City couple get home detention for $60k benefit fraud

A DUNEDIN couple’s $60,000 benefit fraud was deception perpetrated over a number of years and a joint enterprise, Judge Michael Turner said sentencing each to home detention.

Leah Tamara Smith (28) had been convicted of eight charges of dishonestly using a document and two of obtaining by deception.

Stevie Fong (33), had been convicted of four charges of dishonestly using a document and one of causing loss by deception. Both had pleaded guilty. Smith, sentenced at the end of March, was given five months and two weeks’ home detention.

Fong, dealt with last week, was sentenced to five months’ home detention.

They are each to pay $10,000 reparation, at $25 a week and both will be subject to post detention conditions for six months.

The facts summary, from prosecuting counsel Milton Sperring, said the pair were granted a joint benefit on March 17, 2012.

On May 29 that year they advised the Ministry of Social Development they had separated on May 25. Each submitted forms stating they were single and not living with a partner.

As a result of information received it was established they did not separate in May 2012 and continued to live together in a relationship in the nature of marriage.

The offending resulted in $59,045.79 benefit overpayment to Smith, between May 26, 2012 and April 16 last year, and $1020.10 benefit overpayment to Fong, between May 26, 2012 and July 7, 2014, a total combined loss to the ministry of $60,065.89.

Smith’s overpayment comprised domestic purposes benefit, sole parent support benefit, supported living payment, accommodation supplement and temporary additional support.

Fong’s overpayment comprised sickness benefit, unemployment benefit and jobseeker support.

Smith and Fong were both to have been sentenced on March 27, but when they appeared that day, Fong’s sentencing was adjourned for him to obtain a separate home detention address.

For them to serve home detention at the same address would not meet sentencing principles, the judge said. He did not consider it would provide sufficient deterrence and denunciation of their misbehaviour.

Both sentencings were in the Dunedin District Court.