A heartless carer who, together with a colleague, stole more than £12,000 from an elderly couple with dementia has been told by a court to repay a meagre £1.
It is the second time what is known as a ‘nominal sum’ order has been made against the two women – Jodie Percival and Gemma Day – as part of confiscation proceedings following their convictions for fraud by abuse of position.
Gemma Day, from Sheerness, appeared at Maidstone Magistrates’ Court
The pair were responsible for systematically pilfering the bank account of the Sittingbourne pensioners they were employed to look after.
At separate hearings in August last year and September 2021, Maidstone Crown Court heard that over a four-month period Percival routinely drove Day to a cashpoint where sums of money ranging from £200 to £500 at a time were withdrawn from an account belonging to Ann and Dennis Baldock.
A total of £12,170 was pocketed between the deceitful carers, it was said.
The two women later pleaded guilty and were both spared jail.
However, under the Proceeds of Crime Act, Percival, from Sheerness, returned to court on Wednesday (January 8) where a judge ruled that she only had to repay £1 as she had no realisable assets.
The mum was given one month to pay, and told she would have to serve 14 days’ imprisonment in default of the money being handed over.
Confiscation proceedings had also been held in respect of Day, also from Sheerness, in March 2022, when the then 30-year-old was ordered to make the same minimal payment due to her own similar financial situation.
The total benefit figure, taking account of inflation, was £12,638, the court was told.
Jodie Percival, of Bramley Way, Sheerness, avoided jail after being charged by fraud by abuse of position
At Percival’s sentencing hearing, the then 29-year-old of Bramley Way was told by a judge she had acted in an “appalling, self-serving and utterly arrogant” manner when she and Day targeted their victims.
At the time of their thieving, Mr Baldock was bedbound, often in and out of hospital, and required intensive assistance with carers visiting the marital home in pairs three times a day.
He and his wife knew nothing about the missing money until a relative spotted a series of unusual transactions in their joint account.
Police were alerted and CCTV footage revealed that between January and April 2021, Day regularly took the money from a Nisa store cashpoint after she had been dropped off in a nearby car park by Percival.
Both were employed at the time by a private company to assist the Baldocks.
Sadly, by the time Percival was brought to justice last year, Mr Baldock had died and his wife was said to be living in a care home.
The hearing was at Maidstone Crown Court
At sentencing, Percival claimed to have acted “in fear” as a consequence of an abusive relationship she was in at the time with Day’s brother.
It was also said that her accomplice had been the “primary and most culpable” offender.
But it was the prosecution’s case that Percival was “more involved” than she had admitted, and that Day had not applied any “pressure or influence” herself.
The court also heard that Day had claimed the theft was Percival’s idea.
No details were given as to how the stolen money was spent.
Percival’s punishment was a 15-month jail term suspended for two years, with a condition of 30 rehabilitation activity requirements (RAR).
At the time of her sentencing, Day was a single mum-of-four living in Victoria Street. She was handed a 12-month prison sentence suspended for two years, with 200 hours of unpaid work and 30 RAR.
Despite the £1 nominal sum orders being made, both women could still be made to pay additional amounts if their financial situations change in the future.