Man uses stolen card credit and spends hundreds
AN ILLEGAL spending spree where hundreds of dollars was spent on alcohol and tobacco using PayWave has caught up with a 35-year-old Chinchilla man.
Kieran Richard Kelly pleaded guilty to three accounts of fraud, one account of possess utensils or pipes that have been used and one account of receiving tainted property.
The court heard that on January 15, the victim of the fraud and tainted property, left her residents of Wambo Street, Chinchilla for a holiday and upon returning home on January 21, found her house had been ransacked, draws had been tipped out and there was property missing that included the credit card.
Police prosecutor Sergeant Jodie Tahana said, the victim received a text message from her bank advising her credit card had been used at the BP in Chinchilla.
“The bank was aware she was away due to her activity had not been in the Chinchilla area,” she said.
Police identified that the credit card had been used at the BP at 7.34pm to the value of $93.98 and when they attended the service station, they were able to obtain CCTV footage and identify Kelly.
It was stated Kelly appeared nervous and after originally attempting to buy three packs of tobacco, one packet was removed from the transaction to bring it under the $100 mark so it could be paid for with PayWave.
Kelly was also identified via the victim on CCTV footage, using the payWave function with the credit on January 18, to purchase tobacco worth $87.60 at the Chinchilla IGA and Jim Bean to the value of $99.98 from the Club Hotel drive through bottle shop.
“The defendant also made admission to using the credit card at the Foodworks, but there was no CCTV footage,” Sgt Tahana said.
When police attended Kelly’s residents on February 3, to discuss his purchases at IGA and the bottle shop, he stated to police he was reluctant to tell them in the first interview that he found the credit card at McDonald’s and used it.
“He stated he did not have any money and he was desperate to use the card. He knows that it wasn’t his card and that it was an offence.”
The money has since been paid back by a friend.
During a search of Kelly’s Atkins St home on January 29, police also found a homemade water pipe in the kitchen cupboard.
Defence Lawyer Amber Acreman said the last year or two have been challenging for Kelly after he went through a long relationship and the loss of a family member.
“This stressing has contributed to him self-medicating and not making positive choices,” she said.
“He is very disappointed in himself.”
It was also stated that as a result of these charges Kelly has developed an insight into that he needs to change more than just the environment.
“He has a family member who has a job opportunity for him at a tattoo parlour on the Gold Coast, where he is planning upon finalising his court matters, to relocate to take up that opportunity,” Ms Acreman said.
Kelly was sentenced to 12 months’ probation and a conviction was recorded.
He was ordered to pay restitution of $281.56 in restitution to Westpac for the three transactions.