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The Canberra Times
The Canberra Times
Tim Piccione

Serial Gumtree fraudster 'exploited the goodwill' of victim

A serial Gumtree fraudster "exploited the goodwill" of one of his victims by "pulling on his heartstrings", a court has heard.

Another victim told the ACT Magistrates Court on Tuesday he felt "taken advantage of and deeply hurt" by the offender's actions, which had shaken his confidence in online marketplaces.

John David Ogilvy, 35, previously pleaded guilty to 19 charges, including multiple counts of obtaining property and financial advantage by deception.

Three of those fraud charges relate to separate instances of offending, when the Calwell man either did not deliver on promised goods or faked a monetary transaction.

Special magistrate Rebecca Christensen sentenced the man to six months in jail, to be suspended after five, factoring in time already spent in custody.

Ms Christensen said the crimes were easy to commit and difficult to detect.

"They undermine the community's ability to engage in these types of transactions," Ms Christensen said.

"Deterrent sentences are warranted."

The first offending in question occurred in November 2021 when Ogilvy agreed to sell a mobile phone repeater and an antenna to another man in Western Australia through Gumtree for $450.

The Gumtree online marketplace website used for the offending. Picture Shutterstock

After the payment, Ogilvy told the victim he had sent the items but made excuses as to why he couldn't provide any tracking details, eventually ceasing communication.

"I hope that David Ogilvy will be held accountable for his actions and appropriate action will be taken to stop him from victimising others in the future," the victim said in a statement read to the court.

In August 2022, Ogilvy listed a Toyota Landcruiser on Gumtree for $17,000 and accepted a $500 deposit from an interstate buyer.

A further $700 deposit was sent after the offender claimed to be under financial stress, promising to lower the purchase price.

The buyer flew to Canberra but Ogilvy did not show at the agreed upon meeting place.

The offender's final communication detailed how he had "f---ed the engine" and he intended to repay the victim's deposit and airfares. He did not.

Finally, in May 2022, Ogilvy organised the purchase of two drones costing $2700 through Gumtree, which a prosecutor described as the man's "established method".

Ogilvy showed that victim a fake screenshot of a bank transfer to complete the transaction and later evaded requests for payment or the return of the items.

While the special magistrate described the offending as "relatively unsophisticated", after Ogilvy used his personal details on all three occasions, she said some showed a "relatively high level of deception".

Ogilvy was also fined $2000 relating to other offences, and ordered to pay $1200 in compensation to the victim of his August 2022 fraud offending.

Upon his release on Tuesday, the man will enter into a 12-month good behaviour order after spending five months in custody relating to the offences.

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