QT.com.au
AN ELDERLY woman has been jailed after admitting defrauding Centrelink of almost $60,000.
Despite being married for 32 years, Ipswich resident Ellen Louisa Westrip, 71, claimed she was single and received $59,674 through a widow's pension over 11 years. She has already paid back almost $39,000 of the money she obtained and has to care for her wheelchair-bound husband, but she will serve the next three months behind bars.
She was sentenced in Ipswich District Court by Judge Sarah Bradley, who sparked controversy in 2007 when she gave several teenagers suspended sentences and probation after they admitted raping a 10-year-old girl in Aurukun, North Queensland.
The Aurukun case was successfully appealed in 2008, with Chief Justice Paul de Jersey sentencing five of the nine to jail or juvenile detention, and three receiving probation.
Hetty Johnston, founder of the child safety advocacy group Bravehearts, said she was incredulous that an elderly, diabetic woman had been jailed.
"It is outrageous. It just shows how nonsensical the system is, how illogical it is," Ms Johnston said. "The harm that Westrip has caused is absolutely miniscule compared to the damage and harm that a sex offender causes."
Ms Johnston said the legal system was out of touch with community expectations in sentencing.
"The legal system has a mentality that is 'don't touch my money'," she said.
"Touch my kids – it's not that bad, but don't touch my money."
Ms Johnston said most paedophiles were repeat offenders, but they were "being sent home on a daily basis on good-behaviour bonds".
"The community is really unhappy," she said.
Ipswich District Court heard Westrip received the widow's pension between February 1996 and July 2008 and was caught after another Federal Government department tipped off Centrelink.
Westrip, who lives in Redbank Plains with her husband and his daughter, pleaded guilty to defrauding the Commonwealth and dishonestly obtaining a financial advantage from the Commonwealth.
Judge Bradley sentenced Westrip to two years jail, but she will be released after serving three months. She must also repay the outstanding debt.
When released, Westrip will be on a $500 good-behaviour bond for three years.
Defence barrister Charles Bagley said Westrip, who had no criminal history, was unlikely to commit further offences and had put a reverse mortgage on her home to repay the debt.
He said Westrip's husband was likely to be put in a care facility for the period of her incarceration.
Judge Bradley said despite the low risk of Westrip re-offending, she must serve actual time in jail to serve as a deterrent to others considering Centrelink fraud.
"It's very sad indeed to see a lady of your age and your previous good character being brought before the court," Judge Bradley said.
In the 2008-09 financial year, three defendants pleaded guilty to Centrelink fraud in Ipswich District Court, receiving a total of $111,701 in overpayments, and all three received jail – to serve between three and 10 months.
Westrip's husband declined to comment on the case, telling The Queensland Times it was a "private matter".
Centrelink general manager Hank Jongen said Westrip's case was a strong reminder to all customers to tell Centrelink when their situation changed.
"The message is clear – those who continue to rort the system will be caught and face the possibility of length jail time and of course, paying back the debt," he said.
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