Mr Samuel Tessa of Elwood, Victoria, has been committed to stand trial on five counts of dishonestly obtaining a financial advantage by deception. This follows a contested committal hearing in the Melbourne Magistrates' Court that concluded on 18 October 2018.

It is alleged that Mr Tessa dishonestly obtained money from individuals or businesses on the pretence that it would be used to pay insurance premiums when no insurance policy was in fact taken out.

The businesses targeted by Mr Tessa are located in Melbourne and provide automotive repair services.

Mr Tessa entered a plea of not guilty and was granted conditional bail.

The trial will be held in the County Court of Victoria and is listed for two weeks commencing on 25 November 2019.

The Commonwealth Director of Public Prosecutions is prosecuting the matter.

Background

ASIC’s Small Business Strategy was released in August 2017 and focuses on assisting, engaging with and helping to protect small business. This action is an example of how ASIC’s enforcement work aims to protect small business by ensuring that everyone is playing by the same rules.

Mr Tessa was charged with these offences in December 2017, after an ASIC investigation into his dealings with individuals and businesses in the Melbourne automotive repair industry (18-003MR).

The charges of dishonestly obtaining a financial advantage by deception contrary to section 82 of the Crimes Act 1958 (Vic) each carry a maximum penalty of ten years' imprisonment.

Editor’s note:

The trial listed to commence in the County Court of Victoria on 25 November 2019 was adjourned to 26 October 2020. The directions hearing listed for 4 May 2020 has been adjourned and administratively vacated due to court timetabling changes related to the impact of COVID-19. A further directions hearing date has not been set.

Editor's note 2:

On 21 August 2020, Mr Tessa appeared for a directions hearing. The matter is listed for a further directions hearing on 4 September 2020. The trial remains listed to commence on 26 October 2020.

Editor's note 3:

On 4 September 2020, Mr Tessa appeared for a directions hearing. The trial listed to commence on 26 October 2020 is vacated and has been re-listed to commence on 16 August 2021.

Editor's note 4:

On 16 August 2021, the matter was listed for a two week trial to commence 22 February 2022.

Editor's note 5:

The trial was adjourned until 14 June 2022. 

Editor's note 6:

After a partially completed trial that had run for 15 days, the jury was dismissed on 12 July 2022 without verdict.  A new trial date has been set for 23 November 2022 in the Victorian County Court.

Editor's note 7:

A pre-trial directions hearing was held on 20 September 2022. The matter remains listed for trial on 23 November 2022.

Editor's note 8:

After a three-week trial in the Victorian County Court, Mr Tessa was found guilty on five counts of obtaining property by deception and two counts of obtaining financial advantage by deception (22-362MR).