A CARER who committed fraud by using a woman's bank card to withdraw £500 following her death will not have to pay any compensation.
Kirsty Lorraine Midgley used an ATM to obtain the cash in three transactions from the account of Wendy McGhie shortly after she had passed away in the summer of 2018.
The 30-year-old told police she did this after not receiving a month's wages for the care she had provided.
Midgley, of West Hill Road, Bournemouth, admitted a single charge of fraud by abuse of position.
Magistrates sitting in Poole on Thursday, January 21, decided against making an order for compensation.
Nigel Dedman, lead magistrate, said this verdict had been reached "because of the circumstances of the case", with the defendant allegedly being owed around £1,300 in wages to this day against the £500 she took from Ms McGhie's account.
"Because of the lack of clarity on that (situation of the wages), we did not think it was appropriate to order the £500 compensation in this case," he said.
The bench handed the defendant a six-month community order, with a requirement to complete 30 rehabilitation activity requirement days, along with a £50 fine, £30 victim surcharge and £20 costs.
Mr Dedman said this was a "serious sentence, one down from custody" and Midgley "did not think through the ramifications" of her actions when committing the offence.
He added there was no way for the bench to corroborate the wages issue.
Prosecuting, Richard Oakley told the court Midgley had been one of two carers looking after Ms McGhie prior to her death in July 2018.
Mr Oakley said the defendant was informed of her death and on August 4 withdrew £250, £200 and £50 from a cash machine at a Tesco store.
Midgley had been given the card and pin number as part of her work as a carer.
"A bank statement showed three transactions and there was CCTV footage from Tesco which showed her at the cash point," said Mr Oakley.
During a voluntary police interview in December 2018, Midgley admitted using the card but said she had not been paid a month's wages.
Mitigating, Richard Middleton said the defendant, who had no previous convictions, is currently unemployed and living with her partner.
Mr Middleton said after not receiving her wages "she took it upon herself to ease that financial pressure" by using the bank card.
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