A man from Aberdeen defrauded his mother’s partner out of more than £22,000 to “punish” him for “poor behaviour”.
Sheriff David Hall told Grant Irvine – who spent the cash on nights out and concerts – he would have been jailed if he had had any previous convictions, but instead ordered him to do 160 hours of unpaid work and be supervised for two years.
The sheriff said Irvine, of Northfield Place, Aberdeen, had acted in a “truly shameful” way for taking the money from the man – who is in a care home.
And the 40-year-old was also given a three-month restriction of liberty order over the offence, which took place between November 27 2015 and September 18 2018, after he posed as the man to set up online banking.
Irvine made a total of 147 faster payments from the man’s bank account into his own, totalling £22,019.18, and splashed the cash on meals and concerts.
Depute fiscal Callum Thomson told Aberdeen Sheriff Court the offence only came to light when the man visited his bank with a care home assistant and was advised of the transactions.
Police were contacted and the money traced as having been transferred into Irvine’s account.
Irvine previously pled guilty to pretending to staff at Lloyds Banking Group that he was his mother’s partner, setting up online banking and obtaining money by fraud.
Defence agent Peter Keene said Irvine was around 10 years old when the man came into his life as his mother’s partner.
Mr Keene told the court the man, now in his 70s, was “fond of a drink” and described him as “abusive”, adding “he had a cruel streak in him”.
He said when the man’s health deteriorated he moved to a care home and Irvine’s mother frequently visited him to bring him things, including post which had been sent to the address where she and Irvine live.
Mr Keene said the man had received a letter about internet banking and Irvine had completed an application in his details and sent it off before transferring himself money.
He added: “He felt he was perhaps punishing the man for what he saw as poor behaviour.”
Sheriff Hall told Irvine: “This was a despicable offence.
“Over a period of three years you defrauded a gentleman in a care home, taking various sums of money over that period simply to fund your own lifestyle.
“You spent the money on going out drinking, meals and concerts, that kind of behaviour. It’s truly shameful behaviour.
“The public have reimbursed, through the bank, the man because you’re not in a position to do so.”
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