Cancer faker must wait for decision on appeal
THE fate of a cancer faker is now in the hands of a judge after closing statements at an appeal hearing in the Townsville District Court yesterday.
Lucy Victoria Wieland was sentenced in the Townsville Magistrates Court on August 4 to two years’ jail, to serve six months.
Wieland fraudulently obtained $72,823 from the community over a five-month period after documenting her fake battle with ovarian cancer.
She pleaded guilty to seven charges, including fraud.
In appealing the sentence, Wieland’s legal representatives claim the sentence was manifestly excessive.
Defence barrister Michael Hibble asked Judge John Coker to consider Wieland’s age, lack of criminal history and her plea of guilty when handing down his decision.
“It is those further three matters (age, criminal history and plea) that in our contention would warrant a much earlier release,” he said.
Mr Hibble also referenced Wieland’s pregnancy after she gave birth to a baby boy in custody a fortnight ago.
“The substance of our position is without the full restitution, the medical opinion and pregnancy,” he said.
“It’s our contention that a sentence that was imposed did not adequately reflect those mitigating features.”
Crown prosecutor Sally Dreghorn said Wieland’s pregnancy was not a mitigating feature as the child was not facing “significant hardship”.
“This child was conceived where a prison sentence was on the horizon for the defendant,” she said.
Ms Dreghorn said Wieland had breached the community’s “generosity and trust”.
“There must be hundreds, if not thousands, of complainants who contributed to the Gofundme appeal which all up was $54,975,” she said.
“Other deserving people will lose this kind of generosity in the future.”
Judge Coker said he would make every effort to hand down his decision as soon as possible.