A woman accused of child stealing and posing as an au pair and a nurse will likely face a higher court, with the magistrate deeming the case unusual and difficult.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
On Thursday, police prosecutor Courtney Hughes made an application in the Bendigo Magistrates' Court to have the matter of Samantha Lyndell Azzopardi uplifted to the County Court.
Ms Azzopardi is charged with four counts of child stealing, stating a false name, 27 counts of obtaining property by deception, 19 counts of possessing another person's identification, dishonestly retaining stolen goods, theft, and making a false report to police.
Her lawyer, Louise Conwell, said the matter should stay in the Magistrates' Court, submitting it had sufficient sentencing powers.
While child stealing was an uncommon charge, Ms Conwell said, the allegations were not complex and there were no aggravating features - such as violence - that would warrant the matter going to a higher court.
More court news: Hearing over workplace death could take weeks
She said Ms Azzopardi, who had already spent six months in custody, would face a "fairly extraordinary delay" if the matter was uplifted.
"It may well be the case... that time spent on remand may exceed any time she'd be sentenced to," Ms Conwell said.
But Senior Constable Hughes said the charges were indictable offences and should be heard in that stream, unless the magistrate deemed otherwise.
"Deceptions were utilised to gain a position of trust, and the head offences were committed using this position of trust, on more than one occasion," he said of the alleged offending.
He said a contested hearing in the Magistrates' Court could run for weeks.
Senior Constable Hughes said delays in the Magistrates' Court were also possible, especially given the COVID-19 situation.
More court news: Woman jailed for 'awful' incident that left cops hospitalised
Magistrate Patrick Southey said the matter was "a very unusual and... relatively complex series of allegations".
He said there was potential for complex legal issues to arise.
"It strikes me as being a particularly complicated, difficult and lengthy case... that should be considered by a County Court judge, who will have the time and experience to devote to it," Mr Southey said.
The matter will now go to a filing hearing in Melbourne next week.
The court heard Melbourne was an appropriate location because most witnesses and alleged victims were in the city, even though Ms Azzopardi was arrested in Bendigo.
The defence still has an opportunity to apply to have the matter determined in the Magistrates' Court.
Have you signed up to the Bendigo Advertiser's daily newsletter and breaking news emails? You can register below and make sure you are up to date with everything that's happening in central Victoria.