Zoee Smith jailed for defrauding `highly vulnerable’ victims
A judge has slammed a support worker who ripped off thousands of dollars from two vulnerable women in her care, saying she engaged in a “grave and significant breach of trust”.
Central Coast
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A judge has slammed disability support worker Zoee Lea Smith for a “very serious breach of trust” against two of the “most vulnerable” people after she stole nearly $2500 off them over a three-month period.
The 24-year-old pleaded guilty to 10 counts of dishonestly obtaining financial advantage by deception and was sentenced in Wyong Local Court in July to 14 months jail with a non-parole period of nine months.
Smith appealed the severity of the sentence at Gosford District Court on Tuesday where her Legal Aid solicitor Stuart Ogilvy said it was her first criminal matter on her record and she would be willing to relocate to Hay in the state’s south west with her mother and siblings to gain employment.
Mr Ogilvy said Smith, who had been on JobSeeker benefits after being stood down in February, was willing to pay the victims back once she got a job and had good prospects of rehabilitation.
He asked the court if she could serve her sentence by way of an intensive corrections order with community service work.
However Judge Tanya Bright said the criminality was so serious “it required general deterrence” to other members of the community that if they “violated” their position of trust against vulnerable victims, a custodial sentence would follow.
Judge Bright said Smith had “little insight of the offending” and tried to blame others.
“These people simply cannot complain on behalf of themselves,” Judge Bright said.
“This was a very grave and significant breach of trust.”
The court heard Smith, of Woongarrah, was working as a disability support carer with C.A. Care Services where she looked after two woman in residential care because of the severity of their depression, anxiety, autism, bipolar and other conditions.
Between November 19, 2019 and January 11 this year, Smith used one victim’s bank card to withdraw amounts between $50 and $250 in excess of what the victim needed on nine separate occasions and kept the difference.
On February 11, 2020, Smith attended Wyong Police Station where she was interviewed and admitted withdrawing money totalling $1175.
“The accused used the money towards car payments, petrol and personal items,” an agreed statement of facts read.
Smith was sacked in February after being charged but an internal investigation by C.A. Care Services identified another victim.
The court heard Smith accessed that victim’s myGov account in November and applied for a $1300 advance Centrelink payment.
As a result of the request for an advance, the victim’s myGov account was frozen.
Smith and the victim attended the Lake Haven branch of Centrelink to arrange access to the account.
On November 25 last year Smith attended the St George ATM at Bateau Bay Square and used the victim’s keycard to access her account and withdraw $1300.
Judge Bright confirmed the conviction and the 14-month jail sentence imposed by the Local Court but varied the non-parole period to six months after finding “special circumstances” in that it would be Smith’s first time in custody.
“She exploited her position of trust against people who were highly vulnerable,” Judge Bright said.
Smith, who had been on bail pending the appeal, was led crying into custody.
She will be eligible for release on April 12 next year.