Tyson Endacott-Power avoids conviction in Queanbeyan Local Court

Tyson Endacott-Power, 29, escaped a conviction in Queanbeyan Local Court on Tuesday, when he received a $1000 recognisance release order.

He had earlier pleaded guilty to a federal charge of obtaining a financial advantage by deception.

His offending, which magistrate Roger Clisdell described as "15 months of badness", took place between May 2019 and August 2020.

Court documents show he obtained $14,661.91 in allowances, to which he was not entitled, by falsely claiming to be in a de facto relationship.

At the time in question, Endacott-Power had been posted to the Army School of Health in Albury.

While there, he collected excess payments under the department's schemes to provide allowances for rent, food, separation from dependents and "reunion travel".

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The latter involved Endacott-Power successfully applying to travel, at Commonwealth expense, to see his de facto partner in Canberra.

These visits never occurred because his partner had ended their relationship, removed his name from her lease, and moved to Queensland.

Once Endacott-Power's deception was discovered, he repaid the Department of Defence in full.

He was discharged from the Australian Defence Force for mental health reasons in February 2022.

On Tuesday, defence lawyer Steven Mercael said the 29-year-old had suffered from serious psychological issues for some time.

Mr Mercael applied for the charge levelled at Endacott-Power, who now lives in the Queanbeyan suburb of Googong, to be dismissed under mental health laws.

Commonwealth prosecutor Ella Gordon argued against that outcome, saying it would be inappropriate.

She said that was the case because of the amount in question, the duration of the fraud and the "significant breach of trust".

Ms Gordon also told the court others should be deterred from committing what Mr Clisdell described as "social security fraud".

Mr Clisdell ultimately found Endacott-Power should be dealt with at law and not through a diversionary program.

However, Mr Mercael persuaded him to make a non-conviction order despite Ms Gordon's opposition.

Mr Clisdell said he had been persuaded to discharge Endacott-Power, on the condition he adhered to a mental health treatment plan, because of a series of factors.

Among these were the offender's prior good character, age and mental health conditions, which include a "disturbance of mood".

Mr Clisdell also noted the fact the crime had been committed while Endacott-Power was deployed away from his loved ones.

The magistrate warned Endacott-Power there would be "repercussions" in the event of any reoffending.

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