Ben Clark: Sackville tradie deceptively claimed bushfire grant

A tradie was so high on drugs he claims he can’t remember making fraudulent claims for much needed money for those hit hardest by the bushfires.

A tradie has been jailed for fraudulently claiming $10,000 in bushfire relief funds.

Ben Alan Clark, from Sackville, set up a business on the day he lodged the application and fraudulently made out he had been impacted by the devastating fires.

The 31-year-old managed to get $10,000 from the application, Penrith Local Court heard.

He made seven other applications of a similar nature but none of those were successful and were ultimately cancelled by Service NSW.

He appeared before Penrith Court.

Clark pleaded guilty to one count of dishonestly obtaining financial advantage by deception, seven counts of publishing false misleading material to obtain advantage and one count of contravening an AVO restrictions.

On March 30, 2020, Clark registered a business with ASIC as a sole trader. Court documents reveal he was unemployed at the time and receiving Job Seeker payments.

On the same day, he lodged an application for a bushfire support grant for which he was not eligible.

He received $10,000 from this application.

Ben Clark deceptively received $10,000 from a bushfire relief application.

On December 9, 2020, Clark was found in a Sackville home where he was arrested and taken to Windsor Police station.

Clark admitted, during an interview, he was never running a business and only worked casually and sporadically, according to court documents.

He said he could not remember if he made the applications as he was drug affected at the time but he could remember the $10,000 going into his account and moving it to another account.

Clark made no attempt to return the money or use it for any business.

“My client wants to pay the money back but it’s difficult while he’s in custody,” Mr Clark’s lawyer said.

“He has a job lined up as a concreter and would like to repay the $10,000 that he says he stupidly took and says he was hanging around the wrong people. He has not spoken to any of them while in custody and does not plan to.”

Mr Clark’s lawyer revealed he had been in custody for 11 months and acknowledged the seriousness of the crimes.

“Not excusing his conduct, the crimes are against the community for those that suffered from a horrible bushfire. My submission would be 12 months non-parole in the community,” Mr Clark’s lawyer said.

Magistrate Alexander Mijovich said: “This has got to be one of the lowest forms of financial benefits because there were people that really needed this money who were affected by bushfires.

Magistrate Alexander Mijovich said that Ben Clark’s offence“has got to be one of the lowest forms of financial benefits because there were people that really needed this money who were affected by bushfires.”

“Whether drugs are an issue or not but you have committed multiple offences over the past couple of years. It doesn’t matter what the judicial system does, it’s ultimately you who makes the decision that land you in custody.”

Taking into account special circumstances for drug issues, Magistrate Mijovich sentenced Clark to 18 months in prison with a non-parole period of 11 months.

He has now been released on time served.