A Tasmanian gourmet grocer who admitted making a fraudulent claim seeking a $182,950 payout from Allianz has avoided jail time.  

Lipscombe Larder owner John Fiotakis was sentenced to 18 months imprisonment, suspended for two years.

“By the slimmest of margins, and taking your role as a primary bread-winner for your family into account, I have decided to fully suspend that term,” the Tasmanian Supreme Court’s Chief Justice Chris Shanahan said.

In June, Fiotakis was found guilty of attempted insurance fraud after a 2019 smash involving his 2009 Lamborghini Gallardo.

He had told Allianz he was at the wheel of the $239,000 sports car during the fiery crash.

His claim, after the vehicle hit a tree near Hobart, was denied after investigations indicated his 24-year-old son had in fact been driving. The motor policy excluded drivers younger than 25.

Fiotakis, 64, pleaded not guilty to one count of attempting by deception to acquire a financial advantage.

But this month, he admitted he had lied, saying it was to protect his son, who suffers from poor mental health.

“Had you not admitted your guilt yesterday, the sentencing disposition would likely have been different,” Justice Shanahan said.

“Now that you have admitted your guilt, albeit at the last possible moment, I will take it into consideration. I am prepared to accept your son ... has a history of mental illness ... I am also prepared to accept you were motivated in committing this offence in part – and I emphasise ‘in part’ – by your desire to protect your son.” 

However, the judge rejected the grocer’s argument that he did not have a chance to rethink making the insurance claim.  

“You had time to reflect and you adopted a deliberate lie,” the sentencing remarks say. “You were clearly trying to conceal what really had happened. On that basis, the criminality involved in your conduct was deliberate, persistent and prolonged.  

“Whatever your motivation, you had plenty of time to reflect upon the course you had chosen, to seek advice, and reconsider your action.”

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