NewsBite

Cairns court: Mother figure disability carer Joanne Portese sentenced after defrauding Cairns NDIS recipient

A mother figure who ripped off tens of thousands of dollars from a Cairns disability insurance recipient has heard her fate in court. See what the judge had to say.

How do juries decide a verdict?

A WOMAN charged with defrauding her vulnerable client who had a non curable disability condition that was worsening has heard her fate after the judge ruled she had an “absence of remorse” in court.

Joanne Portese, 55, pleaded not guilty to one count of fraud to the value of $30,000 or more and one count of dishonestly causing a detriment in relation to more than $61,000 depleted from the bank account of the disabled Cairns woman.

A Cairns District Court jury however found her guilty and was sentenced.

Defence barrister Kelly Goodwin said she did not reap the full benefit of the $61,000.

“There is no criminal history,” he said.

Joanne Portese arrives at the Cairns courthouse with a relative. Picture: Brendan Radke
Joanne Portese arrives at the Cairns courthouse with a relative. Picture: Brendan Radke

“In my submission that places this type of conduct as out of character and gives her a very good chance of rehabilitation.”

The court heard when Portese’s client came into an $80,000 inheritance – Ms Portese quit her job at Arc, but continued their relationship.

The court previously heard the client called her ‘mumma bear’.

Judge Leanne Clare SC said over a span of 17 months she took over the financial affairs of the client.

“Your victim was disabled physically and intellectually, her condition was not curable and worsening,” she said.

“You quit the supervision, you presented yourself as a substitute mother, and advocate, the one who was helping her.

“You manipulated your way into control of her finances the service providers came to confer with you, they consulted with you, you were privy to her information.

Judge Clare said Portese her client was now completely dependent on government support.

“During the search warrant at your house, you sought to depict yourself as someone generously gifting time and money for the client as her only support,” she said.

Joanne Portese pleaded not guilty to fraud charges. Picture: Brendan Radke
Joanne Portese pleaded not guilty to fraud charges. Picture: Brendan Radke

“Then at trial you claimed that much of what you had done for the client was on the basis of reimbursement.

“After you learnt of the investigation you sent the client the false invoice, which appears attempt to legitimise the amount of the fraud under investigation

“You cannot be punished more severely for exercising your right to trial but the absence of remorse means you are not entitled to a discount for it.”

Judge Clare said it was difficult to figure out how much of the money she spent legitimately.

“I have no doubt that the substantial majority of that 60,000 was for your own personal benefit,” she said.

“There is no reasonable prospect you will repay the money you’ve taken from the client.”

Judge Clare sentenced Portese to five years for count one and two years for the second count and did not fix a parole date which means she will be eligible in two and a half years.

andreas.nicola@news.com.au

Originally published as Cairns court: Mother figure disability carer Joanne Portese sentenced after defrauding Cairns NDIS recipient

Original URL: https://www.adelaidenow.com.au/news/cairns/cairns-court-mother-figure-disability-carer-joanne-portese-sentenced-after-defrauding-cairns-ndis-recipient/news-story/228e2ca3117a7a4dd96bdd01f9d6cc64