Fraud estate agent Hayley Philpot appeals ‘lenient’ three-month jail term for stealing $100,000: Court

A former Melbourne estate agent who ripped $100,000 from an elderly woman and her ailing husband has begged to be spared from a jail stint.

Fraud Melbourne real estate agent Hayley Philpot appealed her jail sentence for ripping off an elderly victim. Facebook.

A former Melbourne estate agent who stole $100,000 to fund a shopping spree and to help pay off bikies who were after her brother has promised to repay her elderly victim in a bid to avoid jail.

Hayley Philpot fronted the County Court on Monday to appeal the “lenient” three-month jail term she copped for her offending behaviour.

Philpot, who was initially sentenced in the Melbourne Magistrates’ Court in April, worked as an agent at Savoy Real Estate Yarra Glen when she zeroed in on her 80-year-old victim in 2019.

The magistrates’ court heard Philpot helped sell the victim’s Yarra Glen home and then assisted in relocating the victim and her husband to a nursing home.

Philpot, who was made a power of attorney for the victim, misused her position to siphon the victim’s cash into her own accounts.

Philpot rinsed $98,844 from her victim via 98 transactions between May 2020 and August 2021.

Philpot blew her victim’s much-needed cash on various items, including an Apple iPhone and a MacBook.

Philpot stole the cash and spent most of it on shopping and food.

Philpot also spent big at various hair and beauty salons and boutiques, high-end Zara fashion stores, JB Hi-Fi, Kmart, Bunnings and Kookai and burned dough on Uber rides, Deliveroo orders and Nando’s meals.

The fraudster also splurged on car repairs, pet accessories, various cafes and restaurants, eBay purchases, bottle shops and movie tickets.

Philpot, of Flemington, also transferred more than $50,000 to another account in her name.

Philpot’s offending came unstuck after the victim engaged a lawyer to find out how her money had vanished.

Police arrested Philpot in February 2022 but the crooked agent made “no admissions” to the theft racket.

The court heard Philpot, a mother, claimed she took money because her brother needed $40,000 to pay off a “bikie gang debt”.

Philpot, who grew up in Wagga Wagga, was 34 weeks’ pregnant at the time she was sentenced but had since given birth.

The prosecution in the magistrates’ hearing called for Philpot to be jailed.

“This is the most egregious breach of the (power of attorney) provision,” the prosecution submitted.

“This involved an 80-year-old woman who had no family support and who herself was supporting an elderly husband with dementia …

“ (Philpot) would’ve been aware of the duty of trust … (Philpot) deliberately obtained without conscience and exploited the vulnerability of the victim to steal her much needed funds at the time … as most needed for (victim) and her husband at the twilight of their life …

“Trust was a critical element … the victim, she will not financially recover from this … our community needs to be able to trust our system of attorneys.”

Philpot no longer works as a real estate agent.

Philpot, who was convicted, had her appeal adjourned after the County Court heard she wanted extra time to repay more than $70,000 still owed to the victim.

The court heard Philpot and her husband would use money previously earmarked for home renovations would instead be paid to the victim.

The defence also submitted Philpot, who initially sought a sentence deferral, had yet to repay the victim because she had “expenses” for two children.

Judge Pradeep Tiwana allowed the adjournment because he wanted to see the victim get her money back but warned Philpot it wasn’t a get out of jail free card.

“Can I say, this offending, represents an appalling breach of trust,” Judge Tiwana said.

“It’s difficult to comprehend (Philpot) would commit this kind of offending against an elderly victim who was struggling as it was, dealing with her husband with dementia …

“She was aware of all that … and I have to say, if anything, the sentence was lenient … (the defence) would’ve faced a real struggle … I would’ve been sending her in now …

“I don’t want to be sending the wrong message that I’ll defer the sentence on the basis that you pay … the outcome (going to jail) would be very different …”

Philpot had her bail extended to front court at a later date.

Judge Tiwana ordered he see evidence Philpot has repaid the victim prior to the next date.

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