Former Smeaton publication Consiglio guilty of luxury thefts

The Kyneton Magistrate's Court heard 27-year-old James Consiglio had stolen credit cards from the victim who thought of him "like a son".

The cards were used buy more than $7000 in items including a flat screen TV, a trip to a day spa, plane tickets to Queensland and fine dining bookings.

Consiglio, who pleaded guilty, was convicted and placed on a community corrections order for 18 months, during which he must complete 300 hours of unpaid community work on charges relating to the thefts from the woman, who he met when they both were inpatients in a psychiatric hospital.

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He also was fined $1000 without conviction for multiple attempts - two successful - to defraud the Victorian taxpayer during the pandemic through applications for COVID payments, and also for a liquor licence application for the Cumberland Hotel in Smeaton in which he failed to disclose pending charges.

Charges facing Consiglio include:

- Theft of two bank cards from the victim of January 5, 2020

- Multiple charges relating to use of stolen credit card with purchases including:

The other charges were: one count of providing a false or misleading statement in relation to a question on a liquor licence application; two counts of obtaining financial advantage by deception for $450 test isolation payments despite still receiving an income; ten counts of attempting to obtain financial advantage by deception and one count of failing to appear in court in accordance with his undertaking of bail.

The court heard Consiglio had spun a "web of lies" after befriending the older woman in hospital.

She was dealing with multiple health concerns and was confined to her home at the time of the credit card thefts.

The court heard she had trusted Consiglio with her cards to make a purchase from the pharmacy and the supermarket.

He made the requested buys but failed to return her cards.

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Police prosecutor Senior Constable Matthew Hendry said Consiglio made multiple luxury purchases and stole for what was "not some addiction or vice but a lifestyle beyond his means".

His actions were summed up "in one word - greed".

A victim impact statement read out to the court detailed how the woman had been an in-patient due to deteriorating mental health following the death of her partner from cancer.

"After eight months of coping poorly I sought help," she told the court.

She said Consigliio had been "like a son to me and I took him under my wing".

She said she had trusted him with her credit cards as she had been immobile at the time.

When she confronted Consiglio over the missing cards, the court heard he said they were in between her couch pillows.

When she couldn't find them, he went to her home where he pretended to find the cards, which were then returned to her.

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Most of the money stolen as part of the credit-card buying spree has not been returned.

The woman said she feels "more isolated than ever".

The court was told that Consiglio had faced difficulties including growing up with a sister who had cancer, and being the victim of two homophobic attacks, including one in his Smeaton pub on February 24, 2023.

This latest attack is an ongoing matter and charges have been laid.

Magistrate Michael Coghlan told Consiglio's defence team he "certainly wouldn't condone assault or offensive comments - particularly about someone's sexuality" and said Consiglio's treatment in that matter had been "completely unacceptable".

"But don't lose sight of the fact of who is the victim in this matter, and it's not your client," he said.

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