STATE OF TASMANIA v TRACEY LEE WILTON 24 SEPTEMBER 2024
COMMENTS ON PASSING SENTENCE MARSHALL AJ
Ms Wilton has pleaded guilty to one count of making a false declaration contrary to s 133(1)(a) of the Criminal Code. The particulars of that charge are that on 23 October 2022 she wilfully made a false statement by declaring that her car had been stolen. Ms Wilton also pleaded guilty to a count of fraud contrary to s 253A of the Criminal Code. Particulars of that charge are that on 24 October 2022 she, with the intent to defraud RACT Insurance, claimed her car had been stolen and received a financial settlement.
A friend of Ms Wilton’s son had a drug debt for $1,000. Ms Wilton, her son and the friend discussed how they could get the money to pay off the debt. They jointly came up with the idea that Ms Wilton should arrange for her car to be stolen and then make a claim on her insurance company. The person who owed the drug debt arranged for another person to take the car. There was a dispute about whether or not they were directed by Ms Wilton to burn the car, but in any event the person who was to be given money for the drug debt accompanied another person on a joy ride with the car. They ultimately abandoned the car in Devonport where the police found it.
Ms Wilton made a fulsome confession when interviewed by the police. She cooperated fully with the police and pleaded guilty to the charges at the earliest opportunity. She is a 49 year old woman, who was 47 years old at the time of the offending. She has a history of suffering from depression. At the time of the offending she had taken herself off the medication and was more prone to reckless behaviour. This does not excuse the offending but helps to explain it.
For the last few years Ms Wilton has been the full-time carer for a son of hers who is in his early 30’s. He suffers from schizophrenia and has other mental health issues. Ms Wilton left school at 15 years of age and after completing year nine. Her home life was marred by domestic violence carried out by her father on her mother and a sibling. Although not exposed to domestic violence then, she was directly exposed to it by the father of her four children from whom she separated 20 years ago. Life for her has been challenging. The plan to defraud the insurance company was not a sophisticated one but a spur of the moment reckless decision made in the context of assisting another and in concert with others. The offending occurred nearly two years ago and no other offending by Ms Wilton has been alleged to have occurred since.
Ms Wilton has no relevant prior convictions. She is extremely remorseful. The offending was out of character for her. However, the offending is very serious. Fraud perpetrated on insurance companies ultimately has the effect of making insurance more expensive for the general public, especially for those who are not well off who may spend a higher proportion of their income on car insurance than those who are in the high income brackets. In other words, ultimately the conduct of Ms Wilton in this case is harming people very much like herself by the sort of activity she undertook that led to these charges.
The vehicle when recovered was sold at auction. Counsel for the State was unable to inform the Court about the outcome of the auction. She sought an order for compensation in favour of the insurance company in the amount to be assessed in the future.
The sentence which the Court will impose on Ms Wilton needs to reflect the issue of general and specific deterrence as well as denunciation of the unlawful conduct. Given the role of Ms Wilton as a full-time carer of one of her sons the Court does not consider it appropriate to order community service. Given the fact that Ms Wilton will struggle to pay off any compensation order made in favour of the insurance company it would not be practical to impose a fine on her. The Court will impose a global sentence in respect of the false declaration charge and the fraud charge. That sentence is a sentence of imprisonment for two months which is wholly suspended for a period of 12 months on the condition that Ms Wilton commit no offence punishable by imprisonment during that time. The Court also orders that pursuant to s 68(1) of the Sentencing Act 1997 that Ms Wilton compensate the Royal Automobile Club of Tasmania Ltd in an amount to be assessed.