Benjamin James Kain jailed for $57,000 Michael Hill fraud

A Gold Coast man helped defraud more than $50,000 from a prominent jewellery store being managed by his partner. Find out why he did it.

A Gold Coast man who helped defraud more than $50,000 from a major jewellery retailer managed by his partner used the money to fuel his gambling addiction.

Benjamin James Kain received $57,538.60 from 10 refunds put into his bank account from the Michael Hill store at Coomera between April 14 and July 9, 2021.

Southport District Court was told Kain’s ex-partner and co-accused was a store manager at the time.

Crown prosecutor Amelia Baker-Smith said Kain allegedly sent most of the money to his partner, disguising the transactions with descriptions such as ‘rent' or ‘damages’.

She said Kain kept about $17,000 for himself.

It was heard the fraud came to light during a stocktake in September the same year, when other staff members noticed jewellery items were missing and several refunds were completed when no customers were in the store.

Michael Hill jeweller. Photographer Philip Norrish

Police later searched Kain’s Coomera home and found a gold chain and earrings – noted as missing from Michael Hill – on his bedside table.

The court was told the 22-year-old’s former partner was also charged in relation to the fraud, but her matters were yet to be finalised due to ongoing mental health concerns.

Defence barrister Nick McGhee said his client was in a depressed and reclusive state at the time, after losing the use of one hand due to a workplace incident and receiving a testicular cancer diagnosis.

“He was staying at home, he was in bed, he was gambling (and) losing money, and he became involved in this fraud,” Mr McGhee said.

He told the court Kain was the primary caregiver for the 12-month-old child he shared with his former partner, and was hoping to gain qualifications and work upon his release from custody.

Kain pleaded guilty to one count each of fraud worth $30,000 to $100,000 and receiving tainted property.

He was sentenced to two and a half years’ jail, with parole eligibility from August 14 this year. No order for restitution was made.