A former Dandenong North woman has tearfully thanked a judge after being spared jail for defrauding the Australian Taxation Office more than $110,000.
Hailey Rowntree, 28, pleaded guilty at the Victorian County Court to dishonestly obtain a financial advantage by deception from the Commonwealth as well as guilty to an attempted deception.
Rowntree had falsely claimed to the ATO that she was running a food delivery service, and received $111,000 in GST refunds from five false Business Activity Statements between February and May 2022.
She had falsely claimed to have made $1.3 million of purchases during that time.
A few weeks after being notified her fraud was discovered, Rowntree unsuccessfully lodged a further false BAS claim for $10,000.
She had spent the proceeds on items such as a new car, kid’s toys and drugs for her partner.
In sentencing on 10 October, judge Krista Breckweg said the frauds were neither sporadic, unplanned or impulsive over a five month period.
However, she accepted Rowntree’s “precarious” mental state at the time, stemming from “considerable hardship and trauma” since a young child.
At the time, Rowntree’s meth addiction was also a factor but “no excuse”.
Prosecutors argued that the mitigating factors were so powerful that Rowntree should be jailed but immediately released on a recognizance order – a form of good behaviour bond.
Judge Breckweg agreed, also noting Rowntree’s remorse, early guilty plea, and lack of previous criminal history.
The judge found Rowntree’s reform prospects were very good, noting she had turned her life around and tested clean of drugs for three years.
She had moved away from drug-using associates and set up a more stable family life, with plans for a cleaning business.
Rowntree was convicted and jailed for 13 months, but released immediately on an 18-month, $500 recognisance order.
During the order, she will be supervised by parole officers and treated for drug and mental health issues.
Rowntree was ordered to repay $111,000 to the ATO.
A tearful Rowntree thanked the judge, saying she wanted to “make good”.
“You don’t know how much I appreciate this.”
Judge Breckweg replied that it was the “right decision”.
“I wish you all the very best of luck. Keep doing what you’re doing – I’m sure you’ll have the most wonderful life if you do.”
