Ashpreet Kaur has appeal against theft conviction struck out

An aged care worker who pleaded guilty to using elderly women’s bank cards to buy luxury items has lost a bid to appeal her conviction.

Ashpreet Kaur leaving Geelong Magistrates’ Court last year.

A former aged care worker convicted of stealing from elderly clients to buy luxury goods has lost a late bid to appeal her conviction.

Ashpreet Kaur, 24, appeared in the County Court at Geelong on Thursday to appeal the conviction she received over the thefts.

Kaur pleaded guilty last November in the Geelong Magistrates’ Court to two counts of theft and 11 counts of obtaining property by deception.

The court heard Kaur was working at Charles Brownlow Retirement Village in Highton when she used the bank cards of two women – a 95-year-old and an 86-year-old – with Alzheimer’s disease to spend more than $7000 in early 2023.

The purchases included items from David Jones, Myer, Truly Beauty, Mecca and the Fashion Outlet.

Kaur’s lawyer, barrister Matthew Cookson, told the court the late appeal came “in the context of particular struggles and psychological pressures” on his client.

The court heard Kaur had been in Australia for a number of years and was married.

Prior to the offending, she had been “a young promising student, who found somewhere she wanted to live, she wanted to be Australian, and was on track to permanent residency”, Mr Cookson said.

However, her actions had put that life at risk, the court heard.

“It’s fair to say her life was falling apart, psychologically, she felt like her life was falling apart,” Mr Cookson said.

The court heard the court case had “destroyed her capacity to have NDIS clearance” and jeopardised her fledgling nursing career, which was the basis for her visa.

Mr Cookson told the court Kaur felt ashamed of her actions and was also fearful they would lead to her being ostracised from Geelong’s Indian Punjabi community, particularly after a TikTok video highlighting her case was circulated.

Kaur experienced “intense regret”, the court heard, she felt “ashamed, depressed, anxious and experiencing suicidal thoughts”.

“The guillotine that was set up to end the life that she had created in Australia was crashing down,” Mr Cookson said.

However, Kaur had not opted to appeal the conviction within the required 28 day period, and the court heard there was no evidence of what legal advice she received at the time.

Judge Gerard Mullaly said the submissions made by Mr Cookson did not meet the threshold of exceptional circumstances, which would allow a late appeal.

“No doubt Ms Kaur has suffered psychologically as a consequence of her crimes,” he said.

“Those things do follow people who make a whole number of bad, dishonest decisions when they’re caught and punished.

“However, the test required for an extension of leave is a very high one.”

Judge Mullaly said Kaur’s circumstances were “not out of the ordinary, special or distinctly different” and said they were in many ways the “anticipated consequences” of someone convicted of an offence that receives publicity.

“There will be consequences, which will and normally do work very unfavourably against an accused,” he said.

Kaur’s leave to appeal out of time was refused and the appeal was struck out.

Originally published as Ashpreet Kaur has appeal against theft conviction struck out