A woman has been forced to sell her home after ripping off a client of her employer to the tune of almost $300,000 to feed a crippling gambling addiction.
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Katherine Maree Hyde of Agland Cresent pleaded guilty to obtaining financial advantage by deception.
The 56-year-old began weeping and was handed a box of tissues in Orange Local Court on Thursday, February 22, as her offence and addiction were laid bare in front of friends and family who sat in the public gallery.
The court was told Hyde stole $291,615.98 over a five-year period by abusing her role as the Central West area regional manager of Western Freight Management Pty Ltd.
According to court documents, Hyde was responsible for running and managing the Parkes and Orange depots and company operations in Orange, Dubbo and Parkes.
This included the company's transportation of Newcrest-owned scrap metal to Orange Scrap Recycler.
However, Hyde received the proceeds from these deliveries after giving the scrap recycler her personal bank account details instead of details for her employer or Newcrest.
The fraud started on March 9, 2018, and was not detected until June 2023.
She was caught after Newcrest met with Western Freight Management in June 2023 and suggested the company had been taking the scrap metal, selling it and not passing the proceeds on to Newcrest.
An internal investigation found invoices totalling $291,615.98 from the scrap recycler naming Western Freight Management as the party to which the payment was to be made. The invoice contained Hyde's personal bank details and none of the money was received by Western Freight Management.
On June 22, 2023, Western Freight Management confronted Hyde who admitted to providing her account details and admitted to receiving funds. She was fired five days later and the matter was reported to the police.
Gambling addiction
Hyde's legal representative accepted the offence crossed the custody threshold.
"I accept the value and the duration that it occurs is where the gravity lies," he said.
"My ultimate submission is there is not a single thing that Ms Hyde could do since the offending was discovered."
He said she's an "utterly broken woman" and her offending had a wider impact on her family, who continue to support her.
The legal representative said Hyde used the money due to a stress-induced gambling addiction.
He provided medical reports from her GP in relation to stress-related symptoms she was experiencing including what appeared to be anaphylaxis with throat swelling and breaking out in hives that was discovered to be a symptom of depression and anxiety.
"I don't say that she didn't know what she was doing," he said.
"She was taking all this money and she was still taking out personal loans to put through the poker machines."
Working towards rehabilitation
He said Hyde has sought ongoing help for her addiction since her fraud was discovered and she's committed to her rehabilitation.
"She hopes to work again but she suspects she will be very difficult to reemploy," he said.
The legal representative said Hyde is committed to paying back the funds and has sold the family home and her husband has had to shelve plans for early retirement to make that possible.
However, she hasn't paid the money back yet due to a payment freeze issued by the Supreme Court due to related proceedings lodged by Western Freight Management.
"Even if she wanted to she couldn't," the legal representative said adding that solicitors have made contact with Newcrest on her behalf regarding the issue.
Need for deterrence
Police prosecutor sergeant Chris Brien said Hyde worked her way up in the business to a position where she had a position of authority enabling her to steal the $300,000.
"There needs to be a clear deterrence of this conduct," Mr Brien said.
He added she only put in place a self-exemption from pokie venues earlier in February.
"One would think this would have been put in place at the time of the charges," he said.
Magistrate's view
Magistrate Joy Boulos said Hyde pleaded guilty at an early stage.
It was revealed Hyde's charge carries a maximum penalty of 10 years in jail for the worst offending.
"In my view this is objectively serious," Ms Boulos said, "not only the amount indicated but the period of time of when you were taking money from your employer when you were in a position of trust."
She emphasised that the money was "a substantial amount".
Referencing the apparent anaphylaxis she said, "a lot of it is also reactive depression and I suspect that's because you knew you were doing the wrong thing".
"You have an addiction, that explains your conduct over time, but it does not excuse it at all."
She said Hyde had good prospects of rehabilitation.
The sentence
Ms Boulos determined Hyde did cross the custodial threshold but factored in her attempt to pay the money back by selling her home.
As a result she determined the jail sentence could be served in the community.
"I'm not going to send you to full-time jail today," Ms Boulos said.
She gave Hyde an 18-month intensive correction order from February 22, 2024 to August 21, 2025.
As part of the order Hyde will have to complete 120 hours of community service, participate in gambling and mental health treatment and continue counselling.
Sergeant Brien said Newcrest was also seeking compensation however, Ms Boulos was unable to make the order due to the freezing order from the Supreme Court.
"One way or the other they will get their money," Ms Boulos said.
