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Make-up artist in the slammer

SupcourtHobB

A Hobart make-up artist who stole more than $65,000 from her former employer has failed in her bid to appeal her prison sentence.

Chief Justice Alan Blow this morning dismissed a motion by Olivia Rose Rodgers to review her gaol term for ripping off health insurer Bupa.

The state's Chief Magistrate had given the then 32-year-old nine months with seven suspended for dishonestly acquiring a financial advantage, with the swindled cash spent on holidays and shopping sprees.

Rodgers remained free on bail after flagging she'd appeal, arguing the term was manifestly excessive given she'd paid the money back and pleaded guilty.

That hasn't persuaded Chief Justice Alan Blow who's found it well within discretionary bounds, and ordered that Rodgers be taken off to prison to serve her time.

"...it would have been open to the learned Chief Magistrate to impose a sentence of imprisonment significantly longer than the head sentence of nine months," he said in judgement.

"It is clear that her Honour took the mitigating circumstances into account in fixing a head sentence of nine months, and in suspending all but two months of that sentence.

"There was little or no need for personal deterrence in this case, but it was appropriate for her Honour to impose a significant sentence of imprisonment, albeit partially suspended, for the purpose of deterring others who might be minded to abuse positions of trust or defraud their employers over an extended period.

"It was reasonably open to her Honour to conclude that this case was far too serious for a home detention order.

"Despite significant mitigating circumstances, it cannot be said that the sentence in this case was unreasonable or plainly unjust.

"It was within the bounds of the learned Chief Magistrate's discretion," Chief Justice Blow concluded.  

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