Neville Fenn under-declared more than $70,000 worth of income he’d received working five casual jobs between 2012 and 2016 at the same time he was claiming a full aged pension.

The 72-year-old from Coniston, who has a long track record of community service including years spent as a volunteer for Illawarra Athletics, was sentenced to four months jail in February after pleading guilty in court to three charges of engaging in conduct to obtain a financial advantage from a Commonwealth entity.

Court documents revealed Fenn was paid $194,000 over the four year period from employers including TAFE NSW, Shellharbour Council and the NSW Board of Studies, but told Centrelink he’d only received $124,000.

Fenn was paid a pension of $73,000 during the same period, however should only have received $40,000 given his earnings.

​Court documents said the overpayment – totalling $33,000 – was picked up in August 2015 by the ATO.

Centrelink wrote to Fenn in April 2017 inviting him to participate in a formal interview however one did not take place. 

In imposing the jail sentence in February, Magistrate Michael Stoddart noted the seriousness of the charges and the quantum of money that had been fraudulently taken. However, Fenn launched an appeal against the sentence, claiming it was too severe.

In a hearing before Wollongong District Court on Friday, Fenn’s lawyer said his client’s out of control gambling on poker machines had begun after the breakdown of his marriage a decade ago.

“He went through all his superannuation money first….he would be in the club (gambling) until 3am,” the solicitor said. “It’s on the back of that that these offences occurred.”

Judge Andrew Haesler accepted that Fenn was taking steps to address his addiction and agreed to suspend the prison sentence.

“You stole from the people of Australia a large amount of money; this is not a victimless crime, everyone suffers,” Judge Haesler said.

“I’m prepared to accept that the moral compass that guided your life was distorted by your gambling addiction. It doesn’t and can’t excuse your behaviour but it does explain it.”

As part of the sentence, Fenn was placed on a two year good behaviour bond.