A woman who faked her own death in a “deliberate scheme” to avoid a trial has been jailed for three years.
Amy McAuley (35) had been due to stand trial at Dublin Circuit Criminal Court in January 2023 on theft and attempted deception charges after she used altered documents to take out a €10,000 loan from KBC Bank in 2018 and later unsuccessfully attempted to obtain a second €5,000 loan.
However, the trial did not go ahead as McAuley, while pretending to be a sister, had earlier contacted gardaí and told them she had died.
McAuley with addresses in Connagh, Fethard-on-Sea, Co Wexford and Navan Road, Dublin 7 also submitted a false death notification form to Wexford County Council in January 2023 with death certificates later issued using English and Irish spellings of her name.
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Gardaí became aware in mid-2023 that McAuley was alive and began an investigation. They discovered three death notices on RIP.ie. One stated McAuley had died in France while a second was added by a fictitious undertaker she had created.
McAuley told gardaí when interviewed that she knew she was in trouble again, could not face coming to court and did not want to leave her young child.
She also stole over €55,000 from an employer in 2015 – €6,500 of which was repaid – and over €3,000 worth of mobile phones from Three Ireland in 2021.
During the investigation, it came to light that McAuley had also told her employer in 2023 that she had died.
While a claim for the company’s death in service benefit was pending, McAuley, again pretending to be a sister, contacted the company claiming that money was required for surgery for the defendant’s young child. The company then made a goodwill payment of €9,000.
The court heard McAuley acted alone and there is no evidence she had been living a lavish lifestyle.
Imposing sentence on Thursday, Judge Orla Crowe said this was “not opportunistic or spontaneous” offending, but a “deliberately planned deception” involving significant breaches of trust.
The judge said McAuley faking her death to avoid a court case was a “deliberate scheme to pervert the course of justice”.
She noted her offending took place over a “protracted period of time”, was intentional and required “substantial planning”.
She said the amount of money involved and McAuley’s previous convictions were also aggravating factors. The court was told the majority of the money stolen has not been repaid.
The judge noted the mitigating factors including McAuley’s guilty pleas, expressions of remorse, family support and medical and mental health difficulties.
She imposed a global sentence of four years and suspended the final 12 months on strict conditions for four years.
McAuley has a young child, who has health issues, and she herself has medical and mental health difficulties including schizo-affective disorder. She is also pregnant with her second child.
Rebecca Smith BL, defending, told the court earlier this month that the probation report was positive, and handed in further medical reports and updated letters from McAuley, her husband and family members.
Ms Smith told the court in May this was an “extraordinarily complex case” and her client had engaged in a “significant period of offending”. She said McAuley was living a “crazy, chaotic existence”, which has now stabilised.
Counsel said her client is apologetic, aware that “her past is catching up to her”.
Ms Smith submitted to the court her client will have “no real prospect” of future employment, suggesting money could be deducted from social welfare payments.
McAuley has four previous convictions for theft and deception offences. She received a sentence of two years, suspended for 10 years in November 2015 for the theft of just under €111,000 from a former employer. She repaid €30,000 on the day of sentence but the balance is outstanding, the court previously heard.
