A Tasmanian builder who swindled a homeowner out of more than $20,000 to fund his gambling habit has avoided jail, with a judge ruling his breach of trust should still leave him with a permanent criminal record.
Patrick John Rodman, 26, pleaded guilty to fraud after pocketing thousands of dollars he falsely claimed was needed for building materials during a 2022 renovation.
The Supreme Court heard Rodman had advertised his services on social media and agreed to take on the job for a deposit plus an hourly rate.
But between May and July 2022, he repeatedly invoiced his client for materials she believed were required for the work.
She ultimately paid $25,238.54. Only about $5,000 was actually spent on the renovation.
The rest went towards Rodman’s online gambling addiction and debt repayments.
Justice Michael Brett said Rodman’s conduct involved “serious dishonesty against someone who was entitled to trust you”.
“This was a relatively serious fraud perpetrated during the course of business arrangements with a person who was seeking to deal with you on the basis of your advertised services,” Justice Brett said.
Rodman’s barrister argued that recording a conviction would cause him to lose his current job.
Justice Brett accepted it would have a “significant punitive impact” but rejected the request.
“Your current employer and anyone else who might deal with you in the future is entitled to know that you acted in this way on this occasion,” he said.
The court heard Rodman, who was 23 at the time, had since sought treatment for his gambling problem, secured full-time work and fully compensated his victim.
Justice Brett recorded a conviction but adjourned the case for five years, requiring only that Rodman remain on good behaviour.
“I accept also that you are unlikely to repeat this conduct,” he said.
“Accordingly, I do not believe that any further actual punishment apart from the recording of the conviction is warranted.”
