A gambling addict who fleeced his elderly and vulnerable neighbour of £4500 to fund his addiction was jailed for eight months at Inverness Sheriff Court.
Sentence had previously been deferred for a background report on 69-year-old first offender Angus Brady but although he had no previous convictions, Sheriff Gary Aitken decided to send him to prison.
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Brady’s lawyer Kevin Hughes conceded his client’s behaviour was “reprehensible” and argued to keep him out of custody after a guilty plea to using James Peace’s bank card between February 1, 2023 and March 13, 2023 to steal the cash from ATMs in Inverness and Aberdeen.
Mr Peace has since died.
But Sheriff Aitken said there was no other option, saying: “He was fleecing his friend for his gambling addiction. It was a sustained course of offending against a vulnerable person who was his friend.
“This was a gross breach of trust and Mr Peace died knowing that. The courts are here to protect those who can’t protect themselves.”
Mr Hughes detailed Brady’s financial problems but said his client was willing to repay the money and a friend had offered to lend him the necessary sum after a property had been sold.
The sheriff was sceptical of this offer, commenting that Brady was unable to pay his rent and credit card debts, adding: “A case of robbing Peter to pay Paul?”
Fiscal depute David Morton told the court: “They were friends and neighbours and helped each other out. Some money was loaned to the accused and it would usually be returned.”
Sheriff Aitken heard that Brady, whose address was given as Muirtown Street, Inverness, asked Mr Peace for £250 to pay for a holiday and promised to repay it in full.
“Mr Peace had moved from his house to a residential home and loaned the accused his bank card to allow the withdrawal,” Mr Morton said. “Then he stopped getting visits and tried to contact the accused as he wanted the return of his bank card.
“On March 13, 2023 it was returned and the accused immediately admitted that he had withdrawn £2000 and spent it on gambling. Mr Peace told care home staff: ‘My worst fears have been realised’ and police were informed.
“In fact £4500 had been taken from the account.”
Mr Hughes said the behaviour of his client, who had retired from the Royal Mail and had been unsuccessful in getting a lump sum from his pension to repay the money, was “out of character”.