Pregnant woman's jail sentence downgraded

Updated November 7 2012 - 12:30pm, first published February 2 2010 - 10:40pm

A DISHONEST bank officer whom a local magistrate suspected might have become pregnant to avoid jail for her crime will not go to prison, a judge decided yesterday.In Wagga District Court, Judge Leonie Flannery said she sympathised with the way Young Local Court magistrate Peter Dare had dealt with Priscilla Lee Kentwell, 24, when he sentenced her to a minimum of six months in prison last December for using two credit cards to defraud Westpac of $21,094.However, she said she felt she was in a somewhat different position to Mr Dare in that she had heard evidence from Kentwell from the witness box which she accepted, and which would have had a major impact on her at the time she committed the offence and made her somewhat vulnerable.Judge Flannery placed a non-publication order on that evidence which swayed her towards upholding Kentwell's appeal against the prison term.The judge confirmed convictions on two counts of making a false instrument and 21 counts of obtaining money by deception.However, she quashed the jail term and instead imposed a 12-month suspended jail sentence.Judge Flannery also upheld Mr Dare's order that Kentwell pay back the full amount she stole from her employer while she worked for the bank as a customer service officer at its Young branch between April and May, 2008.Kentwell created credit cards in two fictitious names and used them to buy drugs, bedroom furniture, a PlayStation and mobile telephone credit.Kentwell was charged with the offences in June last year and later pleaded guilty in court.Judge Flannery said the drugs Kentwell estimated she had used over about six weeks would have cost $3000 to $4000, and there was no real explanation for at least $10,000 of the remaining money.On the issue of Kentwell's pregnancy - she is due to give birth on March 18 - Judge Flannery said it had not been suggested to her that the law would allow her to take into account the hardship to Kentwell's child."However, it is open to me to take into account that the appellant is to be a mother soon, for the first time," Judge Flannery said.

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