A 37-year-old care assistant who stole approximately £1,000 from a 93-year-old lady whom she did home help for, escaped jail but was ordered to carry out 200 hours of community service and repay the money that she stole within six months.
The RM at Fermanagh Magistrate's Court, Liam McNally, heard how over a period of time, Linda Latimer from The Meadows, Tempo Road, Enniskillen, stole from the elderly lady and was eventually caught in the act when, with the permission of the injured party, a camera was installed in the bedroom of her house with the help of a neighbour.
The camera footage showed Latimer stealing £10 from an envelope in the injured party's bedroom where the injured party normally kept her money.
The old lady then reported the theft of the large sum of money, although she was initially reluctant to go to the police.
Counsel for the prosecution stated that, between 11th and 15th April, an oil bill came in at the cost of £295.63. The woman went to get the cash to pay the bill when she discovered that she did not have any to pay for it, despite the fact that she always had cash to pay these type of bills.
Similarly, a rates bill costing £375 was not able to be paid by cash because the money was not there, and the injured party had to pay by cheque.
"A neighbour then installed a camera in the lady's bedroom. Ten pounds was placed in an envelope and put in a chest of drawers where the money was usually kept," the Court was told.
The court heard how, on 21st April, the defendant arrived at the house in her capacity as Home Help to assist the injured party going to bed. The neighbour waited until Latimer had finished and had left before checking the camera footage. The recording showed the defendant to have taken the money and it was discovered that the £10 was gone.
Latimer was subsequently suspended from the Social Services after investigations that approximately £1,000 had been taken up until 21st April. The defendant admitted to stealing £500 around Christmas 2005. She was very remorseful and admitted stealing the money. The court heard how the 93-year-old was extremely physically frail but mentally alert. She was further described as 'vulnerable'.
ISSUES
Defending, Latimer's barrister, Paddy Taggart, referred to a probation report. He submitted that Latimer was an individual with marriage and mental issues. She 'heard voices in her head'. Mr Taggart said that since the incident the defendant's siblings and father, a clergyman, had had no contact with her.
Among her other problems, he went on, she suffered from epilepsy, diabetes and asthma, and was paranoid, and self-conscious. He said that his client accepted full responsibility for her actions and would repay the money that she owed. He acknowledged a number of aggravating features, including that the theft had taken place over a period of time, and that the age of the victim would also have to be considered.
Mr Taggart admitted that, in cases such as this where a 'breach of trust' occurs, a custodial sentence was normally imposed, even if the defendant had a clear record, and was unlikely to re-offend. However, the barrister submitted, 'There is a mental health issue here, and in this case she wasn't simply out for financial gain'.
The RM, Mr McNally told Latimer that she had been 'caught red-handed' stealing the £10, but acknowledged that she had made a full admission to stealing 'a substantial sum of money over a period of time'.
Mr McNally said a 'breach of trust' such as this normally received a sentence of imprisonment, and that only 'exceptional circumstances' prevented a custodial sentence.
In this case, the fact that Latimer suffered from a mental illness for a period of time, and the fact that she had received treatment for this before she had committed the offence, led him to impose an alternative sentence. He ordered Latimer to complete 200 hours' community service, explaining that the maximum he was able to order was 240, and he insisted that she must pay the money back to the injured party within six months.
