A shameful niece spared prison for stealing more than £4,000 from her vulnerable elderly uncle has been given one final chance to keep her freedom.
Linzi Elder fleeced her 78-year-old relative after he trusted her to do his shopping while he was shielding during lockdown due to having COPD and mobility problems. A court heard she did assist him but then over the space of a month, started making regularly withdrawals of cash from his account.
He only became aware of the fraud when Lloyds Bank contacted him to say he'd entered into an overdraft and when he checked his statement he noticed large sums had disappeared. Elder, 43, pleaded guilty to fraud and was given a suspended prison sentence at Newcastle Crown Court last November.
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However she has now been hauled back before the court for breaching the terms of the suspended sentence for the third time by failing to comply with requirements of the order by missing appointments with the Probation Service.
Alongside the 20 weeks suspended for two years which she received last year, she was also given 20 days of "rehabilitation activity requirement". For her first breach of the order in April, she had a further two days added to the rehabilitation requirement then in June a further two days were added for another breach.
David Robinson-Young, prosecuting on behalf of the Probation Service, said: "Since going on the order she has been offered 65 appointments. She attended 35 as instructed, there have been six acceptable absences and 20 unacceptable absences.
"She is described as woefully and persistently failing to comply with the requirements of the order. There has been an upsurge of compliance since the breach proceedings but probation officers suspect it's because the breach proceedings started."
Fiona Lamb, defending, said there have been two deaths in Elder's family and that she has had pneumonia. She added: "There has been compliance but it's not been perfect by any means. The only thing that can be said is she's making progress."
Elder, of Sandy Lane, Gateshead, admitted failing to comply with the requirements of the suspended sentence order. Judge Robert Adams added another two rehabilitation activity requirement days.
He told her: "The one things saving you from custody is your compliance has improved since July. The Probation Service are sceptical about that.
"I'm just persuaded it would not be just to activate a custodial sentence. This is your last chance. If you breach the order again I will activate the sentence. Make sure your attendance improves or on the next occasion it will be custody."
The bank reimbursed the pensioner the £4,320 she stole. The court heard last year that Elder, who is on a methadone prescription, has restored her relationship with the victim and is continuing to help him and is paying him money by way of an apology.
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