THE State's highest court has rejected claims by a former Victorian government employee that she stole more than $300,000 of emergency relief money for flood victims because she was depressed.
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Rose Jamieson, 28, who had been working at the Department of Human Services in Bendigo when she stole the money, was jailed for two-and-a-half years with a non-parole period of 15 months after pleading guilty to charges of theft, attempted theft and dealing in the proceeds of crime.
Jamieson appealed against her jail sentence, claiming it was manifestly excessive but Court of Appeal Justices Robert Redlich and Simon Whelan rejected her application on Wednesday.
The appeal judges said that when widespread flooding caused damage and loss in northern Victoria in December 2010 and January 2011, the State Government provided emergency relief assistance.
Part of that assistance involved providing debit cards to those in need enabling them to access money through automatic teller machines using a PIN provided with the card.
Jamieson, who had been working at the department's regional emergency centre assembling relief packages for flood victims, stole 356 debit cards and used them to access $318,790 between December 22, 2010, and November 7, 2012.
She spent the money, which she has been ordered to repay, on travel and household goods.
The appeal judges said Jamieson claimed the sentencing judge had erred when failing to find that her medical condition had "materially contributed" to her offending.
A psychological report revealed Jamieson suffered from a mixed anxiety-depressive disorder but the appeal judges said the psychologist was not told that Jamieson had previously been stealing from her family.
"The offending conduct (using the debit cards) had occurred hundreds of times," the appeal judges said.
"It was serious and organised and repetitive. It had occurred in the context of employment in circumstances where the mental condition concerned had not prevented Ms Jamieson from carrying on her work and holding a position of trust."
"Ms Jamieson must have realised that what she was doing was wrong and utterly dishonest."
The appeal judges said it was clearly open to the sentencing judge to conclude that despite her depression, Jamieson's moral culpability was high.
They dismissed the appeal and added that the sentence imposed had been a merciful one.
