Ballan woman avoids jail after scamming pensioner more than $115,000

Michelle Barnes, 48, was sentenced at the Melbourne County Court on Friday after earlier pleading to eight charges of theft, committed during the course of a "friendship" with an older woman in Ballan.

Between May 10, 2013 and March 26, 2020, Barnes took a total of $115,775.12 from the bank account of the woman, who was aged between 55 and 62 at the time of the thefts.

Both met when the woman expressed interest in buying children's books from Barnes in or around 2011, who was living in Melbourne at the time.

Barnes had travelled to Ballan to talk with the then-55-year-old woman about the books, beginning their friendship.

At an earlier plea hearing on February 13, the court heard of how Barnes had gained the trust of the woman over time, slowly positioning herself to have control over the woman's finances and online banking.

By February 2013, the relationship between Barnes and the woman had progressed to a point where Barnes indicated she wanted to move to Ballan to be closer to the pair. Barnes had also become aware the woman had received a $99,000 inheritance from a deceased family member.

The victim gave $6000 to Barnes to cover the down payment on a house in Ballan.

In early 2013, Barnes had completely gained the trust of the woman and was given access to their joint bank account as they did not know how to use online banking.

By May 2013, Barnes was given third-party authorisation to the woman's bank accounts, to look after their finances as the two women went overseas.

During this time Barnes had begun to increasingly take money from the woman's bank accounts, in transactions between $15 to $700. A total of 364 transactions were made between the accounts between 2013 and 2020.

Much of the illegal transactions were made under the guise of helping the woman with their grocery shopping, as they did not have a car and could not transport heavier items back to the home.

In July 2013, the two women returned home from being overseas as they had run out of money, which Barnes convinced them was the result of over-spending.

It was around this time Barnes was added as a beneficiary to both of the women's wills.

The matter was eventually reported to the police after the victim confided in a church elder about struggling to make ends meet.

Barnes initially entered a plea of not-guilty to the thefts but eventually pleaded after a sentence indication hearing on October 3, 2023.

Judge Sarah Dawes called the thefts "disgraceful" - pointing to the prolonged nature of the thefts.

"While each offence on this own is not particularly serious, it is the fact that you have persistently offending over a period of almost seven years which increases the level of seriousness," Judge Dawes said.

"It involved a level of calculation and persistence. You had time to reflect on your dishonesty throughout the lengthy period yet chose to continue with it.

"The victim was a vulnerable pensioner who relied on your caring relationship. You abused your friendship."

Judge Dawes said she would also taken into account Barnes "belatedly shown remorse" and late plea of guilty.

"Until you entered your plea of guilty, there was no sign of remorse for your misconduct whatsoever," Judge Dawes said.

"You used your victim's money to cover payment of your mortgage, car insurance and your financial expenses.

"While it has not always been so, you have finally taken responsibility for your offending conduct and have belatedly shown remorse. I have taken that account into your favour."

A victim impact statement was tendered with the court, detailing the "long-lasting stress" resulting from the thefts.

"She (the victim) and her housemate relied on you, and I consider that the betrayal of her trust was significant," Judge Dawes said.

"She writes that she is slowly recovering. It must be a great relief for her to be told that they money will be repaid."

Following the proceedings, Barnes' Ballan property has been subject to a civil confiscation proceeding. The equity of the property will be used to cover the amount of money stolen, and the rest will be forfeit to the state.

Judge Dawes sentenced Barnes to a two year community corrections order, with 200 hours of community work.

"The principle of parsimony requires that a sentence be no more severe than in necessary to achieve the purposes of sentencing for which it is imposed," Judge Dawes said.

"Ultimately, I consider that an alternative to a custodial sentence is the appropriate outcome here. You have avoided a term of imprisonment by the narrowest of margins."