“Every case involving this type of abuse of position where a person has the control of the affairs of an older relative and takes from that account is a mean and nasty offence,” said Judge Kerr
A “mean and nasty” west Belfast woman who took £20,000 from her grandmother’s account, including up to £6,000 to pay off her daughter’s drug debt, was sentenced today.
Maria Smyth, 54, of Lagmore Meadows in Dunmurry, was handed a two year probation order after she previously pleaded guilty to a charge of fraud by false representation.
The charge stated that the offence was committed on dates between January 1, 2020 and January 1, 2022.
She committed the fraud “whilst occupying a position in which you were expected to safeguard, or not to act against, the financial interests of Mrs A, in that you dishonestly misappropriated money, namely £20,382.83p held in a Post Office Account’’.
Belfast Crown Court heard Smyth’s role was to look after the finances of her grandmother who was in care with dementia.
A prosecution lawyer said Smyth “took advantage of her grandmother and diverted money to herself”.
The fraud was discovered when payments due to the care home were not received and an investigation was launched.
The court heard that £15,000 of the misappropriated money was due to the care provider while between £5,000-£6,000 she used to “pay off her daughter’s drug debt”.
Defence counsel Michael Halleron said a pay plan had now been set up and Smyth was paying back £100 per month directly to the care home provider.
Judge Gordon Kerr KC said he was satisfied that the money was not used to “fund a lavish lifestyle or buy things for herself but more likely to be used to alleviate the position of her daughter who had debts in relation to drugs”.
He noted that there was now a pay plan in place but “it was highly unlikely that the full amount will be paid, however, the defendant has accepted her responsibility to pay and is making efforts to pay back the money”.
“Every case involving this type of abuse of position where a person has the control of the affairs of an older relative and takes from that account is a mean and nasty offence,” said Judge Kerr.
“And the protection of the vulnerable in cases such as this require the courts to consider whether custodial threshold has been met.”
Judge Kerr said Smyth was a person of “entirely clear character” and there was evidence of any personal gain to her lifestyle “in terms of holidays or any special things she bought herself”.
A psychiatric report stated Smyth was diagnosed with having “an emotionally unstable personality disorder and probably also has ADHD. She has a history of opioid addiction and is currently in remission by her account”.
The report added that coverage of her case in the media had “worsened her mental health state and any term of imprisonment is quite likely to destabilise her quite significantly”.
Judge Kerr said that given her clear record, her co-operation in the payment plan and her psychological problems, an immediate custodial sentence would not be necessary.
“I believe that both society and the defendant would benefit more from a two year probation order as an alternative to a custodial sentence which would require the defendant to undergo certain treatments, including psychological therapy.
“You must do what you are told to do by the probation board, you must keep your appointments and you must attend courses you are asked to go to.
“If you do not do that you will be brought back before me and I don’t believe in giving people a second chance when they have been given a perfectly good chance to try and improve their situation,” added Judge Kerr.
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