A man who defrauded a vulnerable, elderly dementia victim of more than £43,000 has been warned to expect a prison sentence.
Martin Chubb abused his victim’s trust via his power of attorney over her financial affairs.
Reading Crown Court
The 58-year-old, of Grove Court, off Newtown Road, Newbury, admitted committing an offence of fraud in Newbury between January 1, 2020, and January 20 this year.
He did so by abusing his power of attorney, specifically, by acting against, or not safeguarding, the financial interests of Patricia Chubb in order to make a financial gain for himself.
A power of attorney is a legal document that allows someone to appoint one or more trusted people to make decisions on their behalf should they become incapacitated due to illness, accident or age.
On Friday, April 10, Chubb appeared for sentencing at Reading Crown Court.
However Sarita Basra, prosecuting, told the court there was no pre-sentence report available.
The judge, Recorder Richard Paige, said: “I understand he didn’t engage with probation for the preparation of the report.”
However Chubb’s defence counsel replied that “at no point” had her client refused to engage.
She asked the court to adjourn the hearing in order for the report to be prepared, suggesting a suspended prison sentence would be one sentencing option and that such a report would be helpful in that case.
Ms Basra said the full amount Chubb had milked from his victim was £43,790.
Nevertheless, she conceded that he had repaid around £22,000 of that.
Ms Basra added: “There’s another issue – there’s a trust account… that has now been secured.
“The family [of the victim] were very concerned about how they were going to pay her care fees.
“The defendant cannot access it and it will be used to pay for the care of this very vulnerable victim.
“There’s no accusation he has interfered with that trust fund.”
Ms Basra said that, given the circumstances of the case, Sentencing Council guidelines recommended a “starting point of five years”.
Judge Paige said: “You have mentioned the serious detrimental effect… [the victim] was particularly vulnerable due to her age and mental capacity.
“There are few people more vulnerable than an elderly person suffering from dementia.”
He therefore agreed that the guidelines suggested a starting point of a five-year custodial sentence “before mitigation and credit [for an early guilty plea]”.
Judge Paige went on: “I will order the pre-sentence report – but I make it abundantly clear that this is a case where I anticipate custody.
“I’ve read the psychiatric report; I don’t think it helps the defendant greatly, although I accept it shows genuine remorse.
“Yes, a custodial sentence would have a detrimental effect on his mental health – but that’s often the case.”
He concluded: “I make it clear that it will be an ‘all options’ report and, based on information I’ve seen, a custodial sentence is likely.
“But I won’t be the sentencing judge and the sentencing judge may take a different view.”
Judge Paige said a Proceeds of Crime Act 2002 [POCA] hearing would also be arranged.
A POCA hearing is a court proceeding, usually following a criminal conviction, to calculate and confiscate financial gains from crime.
Chubb was meanwhile remanded back into custody.