A LOCKINGTON couple has been jailed after they defrauded Worksafe of $100,000 and stole more than $700,000 from a Portsea real estate agent.
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James and Yvonne Scott, aged 78 and 71 respectively, were sentenced in the County Court this week after pleading guilty to charges of theft and obtaining financial advantage by deception.
The court heard Ms Scott worked as an administrator and bookkeeper for a Portsea real estate agent between 2002 and 2018.
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In 2012, she began completing her duties from home after moving to Lockington with her husband James.
Between February 2015 and October 2015, Ms Scott also worked for an event planning company.
The court heard she submitted her resignation for that company on October 6, giving a week's notice, but instead finished the next day after she was confronted about accessing emails without authority.
Ms Scott lodged a Workcover claim on mental health grounds, saying she was experiencing depression and anxiety from work-related stress.
The claim was accepted in March 2016 and she was told in a letter that she needed to notify the original employer if she started working again.
In order to receive Workcover payments, Ms Scott needed to regularly provide certificates of capacity.
Over a two-year period, Ms Scott provided 32 signed certificates which stated that she had not worked during the previous month.
The 71-year-old received $101,038.51 from Worksafe in that timeframe.
During that same period, Ms Scott continued to work from home for the real estate agent.
She made bank transfers and created invoices, but her husband also assisted without the knowledge of the business.
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The court heard between January 13, 2015, and December 28, 2017, Ms Scott made 129 transactions to the couple's bank account from the real estate agent's accounts.
In the end, $771, 307.28 was stolen from the business.
The court heard Mr Scott helped his wife complete the Workcover claims and was the joint owner of the bank account.
Judge Trevor Wraight said it was clear the offending was a "gross breach of trust" given the lengthy employment history Ms Scott had with the real estate agent.
The judge said there was little explanation for the offending, although Mr Scott told police the couple needed the money.
Judge Wraight said he accepted there was little evidence of extravagance and the money seemed to be used for general expenses.
The judge took into account the owner of the real estate agency needed to sell the business as a result of the thefts and the legal expenses.
Judge Wraight said in sentencing, he would take into account the Scotts' ages, physical and mental health issues, and the fact that prison would be more burdensome.
But the judge said the broader community needed to be deterred from committing similar offences.
Ms Scott was convicted and jailed for three years, with a non-parole period of 18 months.
If she did not plead guilty, she would have been jailed for four years and six months with a non-parole period of two years and six months.
Mr Scott was convicted and sentenced to two years and four months in prison with a non-parole period of 14 months.
If he did not plead guilty, he would have been jailed for three years with a non-parole period of 18 months.
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