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Accident Compensation Corporation v Kenny [2018] NZDC 1975

Published 31 August 2018

Dishonest use of a document — ACC forms — prosecution by ACC — sentencing. The defendant appeared for sentencing on one representative charge of dishonest use of a document, ACC forms. The offending occurred in relation to 28 people he treated for conditions that did not entitle them to ACC cover; in some cases the defendant claimed for chiropractic services that he did not carry out. Aggravating features include multiple false claims, planning and premeditation. The court noted that when considering prison for dishonesty offending, deterrence both personal and general deterrence is an important factor. In the court's view deterrence in this case is really to other medical professionals who might defraud ACC or any other Government scheme where the cost of medical services are either paid for or subsidised by the state. The defendant was sentenced to four months' community detention and required to pay reparation totalling $1,282.72. Judgment Date: 2 February 2018