Kayla Maree Smith, accused of $25,000 online fraud spree, would plead guilty to lesser charges, lawyer says

“Why has it been done this way?”: The magistrate presiding over a case involving a Hobart woman facing more than 250 charges, mostly related to an alleged online fraud spree, has chided police.

Glenorchy woman Kayla Maree Smith, 31, is charged with 258 offences mostly related to an alleged online fraud spree. Picture: File

The lawyer for a woman accused of pilfering tens of thousands of dollars by offering non-existent goods for sale on social media has told a court her client would plead guilty to lesser charges.

Glenorchy woman Kayla Maree Smith, 31, is facing 258 charges, mostly for dishonesty-type offending, including 197 counts of fraud, an indictable offence in Tasmania that carries a maximum penalty of 21 years.

The defendant is also charged with 52 counts of dishonestly acquiring a financial advantage, the lesser version of the offence.

Smith, who has pleaded guilty to a small handful of charges, is alleged to have defrauded about $25,000 from online bargain hunters via creating a series of fake social media profiles and offering non-existent goods for sale, such as video game consoles and designer handbags, on platforms such as Facebook Marketplace.

Kayla Maree Smith, 31, is charged with dishonestly acquiring a financial advantage relating to making false advertisements on the platform.

In Hobart Magistrates Court on Monday, Smith’s lawyer Philippa Morgan said that her client would guilty to the matters, but only if they were charged as dishonestly acquiring a financial advantage, as opposed to the more serious charge of fraud.

Ms Morgan said there was no rhyme nor reason as to why some offences were charged as summary offences and others indictable

“There was a certain method adopted by Ms Smith, but some were charged as fraud, some dishonestly acquiring a financial advantage.

“Why are some charged as fraud and going to go to the Supreme Court when it was exactly the same behaviour as is particularised in the dishonestly acquiring a financial advantage?”

Chief Magistrate Catherine Geason agreed with Ms Morgan’s submissions.

“Why has it been done this way? It’s just not clear what’s been intended,” Ms Geason said.

“There is room to withdraw the complaints and refile them as dishonestly acquiring a financial advantage.”

She adjourned all of Smith’s charges to September 11 to enable Tasmania Police to consider its position.

200+ charges: Accused scammer mum’s emotional court date

By Katie Hall

July 8, 2023: A Tasmanian mother accused of scamming Facebook users has made an emotional reappearance in court more than a month after she failed to show up at her last date.

Kayla Maree Smith, 31, appeared visibly anxious when she appeared before Chief Magistrate Catherine Geason on Thursday in Hobart Magistrates Court.

Smith clutched her stomach and inhaled shakily as the duty lawyer representing her asked Ms Geason to allow Smith one last adjournment without making a plea.

Smith is facing a total of more than 200 stealing, fraud and dishonestly acquiring a financial advantage charges.

It is alleged that Smith created multiple Facebook accounts with false names, in which she used to make false advertisements for products.

Some of the products Smith allegedly advertised and sold included a Nintendo Switch, games, accessories, a Telstra TV, a PlayStation 4 console and a designer handbag.

The lawyer told Ms Geason that another lawyer had been in contact with Smith, and that they needed the adjournment in order to take instructions from Smith.

“She was contacted yesterday, and has said she will make an appointment to seek instruction,” the lawyer said.

Ms Geason was not pleased with the request, noting a warrant had been issued against Smith last month.

The warrant was issued on June 1 after Smith failed to show up to court when she was set to be sentenced on charges including unlawful possession of property.

It was then that Smith interrupted with a shuddering breath, saying that she “did want to enter some pleas” – but did not do so.

Ms Geason said Smith’s charges were “serious”.

“I’m not sure how much money is involved, but they’re destined for the Supreme Court as well,” she told Smith.

The court was told that two files had been disclosed by police.

Smith was bailed to reappear on another date, and told that she must enter pleas then.