Gladstone cleaner Cherie Margaret Malcolm guilty of fraud offences

A Central Queensland cleaner has been sentenced for a fraudulent shopping spree - and her excuse for the splurge didn’t wash with a magistrate.

Cherie Margaret Malcolm was sentenced in Gladstone Magistrates Court for fraud offences.

A Central Queensland cleaner guilty of a fraudulent shopping spree which included Powerball, cigarettes and perfume purchases, has paid a hefty price for her blunder.

Cherie Margaret Malcolm, 44, pleaded guilty in Gladstone Magistrates Court to 12 counts of fraud.

The court heard all of Malcolm’s offending happened on the one day - May 23.

It was told the victim’s wallet was stolen in a burglary (not committed by Malcolm) but she and another woman, the co-accused, used the man’s bank card multiple times in stores at Gladstone Square Shopping Centre.

All of the purchases, totalling $711.39, were made using payWave for amounts under $100 and included Powerball tickets, cigarettes, perfume and groceries, the court heard.

Malcolm had a four-page criminal history which included stealing, shoplifting and drug offences.

Police prosecutor Kelvin Boyd submitted for a “lengthy” probation period for Malcolm in the range of 18 to 24 months because of her criminal history, and a restitution order for half of the amount given there was a co-offender.

Solicitor Cassandra Ditchfield submitted a fine would be appropriate.

She said Malcolm was a mother of two who normally worked as a cleaner.

“For the vast majority of the offences, my client was not the person using the card, she is simply in company with the person using the card... she is not the primary offender,” Ms Ditchfield said.

“She instructs that she didn’t know that the card was stolen but that she ought to have known.”

Cherie Margaret Malcolm.

At that point Magistrate Mary Buchanan interjected and said: “Why would she think she was putting the card in for small amounts over and over again unless there was something dodgy about it?”

Ms Ditchfield replied: “Well, the explanation she was given was that she (co-offender) couldn’t recall the pin number and needed to contact her husband, but hadn’t been able to get a hold of him.

“So, in hindsight, particularly given that she (Malcolm) knew that the person (co-offender) had financially difficulties and things of that nature, she accepts that she ought to have been making some (more) enquiries, hence she enters the plea of guilty today.

“It was also not reasonable of her to accept that these things bought were things out of the goodness of the person’s (co-offender’s) heart.

Ms Ditchfield said Malcolm and the co-offender were “close by” neighbours but “not direct” ones.

She said Malcolm intended to relocate to Melbourne to “get away from” all of her previous associates in Gladstone and the lifestyle and drugs there.

“She normally works as a cleaner - she’s concerned about the impact that these particular charges, and also the one from earlier this year, are going to have on her employment,” Ms Ditchfield said.

Prior to sentencing, Magistrate Buchanan said despite Ms Ditchfield’s submission that Malcolm didn’t know the card was stolen, she did not accept that.

Ms Buchanan fined Malcolm $1000 and ordered she pay $355.70 restitution.

A conviction was recorded.