A wheelchair-bound woman has been jailed after she stole more than £56,000 from her dementia-stricken mother to fund her gambling habit.

Lesley Smith had control of her elderly mother Kathleen’s finances and would get her to withdraw a maximum £300 at a time from cash dispensers to play online betting.

In one month alone, the 50-year-old mother herself withdrew almost £9,000 from one of the accounts.

Her lawyer submitted she could be given a suspended sentence, telling a judge: “What she was doing as a coping mechanism for her mother being in that state and her own precarious position, was gambling - and it was on a chronic daily basis.

“Just like alcohol, it is a serious addiction. She is to be pitied for that.”

But sentencing Smith, of Raymond Fuller Way, Kennington, Ashford, to 21 months, Judge Philip Statman said: “The elderly must be looked after. They must be cared for. They must be protected. It is what they deserve and must receive.”

Maidstone Crown Court heard Smith developed septicaemia from a tear to the throat and had to have both legs amputated to save her life.

She admitted committing the fraud over a four-year period between March 2011 and December 2015.

Prosecutor Abigail White said Smith’s mother, now 81, was diagnosed with dementia in July 2010 and was now in a care home.

Following the death of the victim’s husband, Smith cared for her and took responsibility for finances.

Smith’s daughter described her as having a controlling personality and became estranged from her following her parents’ divorce.

Smith’s sister complained she was rude and aggressive to her when she tried to visit their mother.

Judge Statman described the situation as “a family at war”.

“Her sister-in-law said the defendant was trying to drive away other family members so that she could take complete control of the financial situation,” said Miss White.

“She gained unfettered control over her bank accounts. There was concern about the way she was being cared for. She was barely six stone when the police became involved.

“The house was in a squalid condition. There were maggots and flies in the properly. It was dirty. The lady suffered poor hygiene. Her hair was completely matted and she was malnourished.

“Social services became involved and family members then helped clean and tidy the house.”

There was concern at the victim’s finances and it was discovered that money was regularly being taken out of accounts.

"You made a choice and you put yourself and your gambling before the interests of your elderly mother, who was suffering from dementia" - Judge Philip Statman, to Smith

“This was an elderly lady with dementia who had no reason to withdraw those amounts,” said Miss White.

The total involved was £90,275, but with deductions for living expenses the amount estimated to have been taken by Smith was £56,196.

When arrested, Smith admitted regularly withdrawing the money and claimed she intended to pay it back.

She said she borrowed £7,000 as she was saving up to buy a house for her and her son.

Miss White said the offence was high culpability as there was an abuse of power and trust over a sustained period.

“The prosecution say there is high impact on the victim,” said Miss White.

“She was particularly vulnerable. According to a probation officer, there is little or no remorse.”

Judge Statman said the victim would have been in a position to live a comfortable life from money in her various accounts had it not been stolen by Smith.

“It became clear that far from conducting your mother’s financial affairs in such a way that she could be cared for within her home, you were using her money in order to support, primarily, your addiction to gambling,” he said.

“Care of an older person within the community suffering from dementia is something which places a very great burden upon a carer, but that cannot in any way excuse what I have heard about your conduct and your behaviour.

“You had yourself been in poor health and I am told with the additional responsibility of looking after your mother you sought solace and distraction by gambling.

“That provides an explanation but I regret to say it provides no mitigation whatsoever, because you made a choice and you put yourself and your gambling before the interests of your elderly mother, who was suffering from dementia.”

Judge Statman said the fact Smith had prosthetic legs and was confined to a wheelchair would make her time in prison difficult, but added he could not suspend the sentence.

Niall Doherty, defending, said Smith was sorry, contrite and deeply ashamed for what she had done.

“She wasn’t living a lavish lifestyle, she wasn’t driving a fancy car or going on foreign holidays,” he said.

“In her warped view of this she contended as executor of her mother’s will she was going to inherit that money in any event. That didn’t give her the entitlement to do what she did.

“It is her addiction. She is to be pitied for that addiction. It is like someone who takes recreational drugs.”

Mr Doherty added: “She has multiple and chronic health issues. It is a highly unusual case with highly unusual circumstances. She is deeply sorry for what she has done.

“I invite the court exceptionally in all the circumstances to accept the recommendation in the pre-sentence report to impose a suspended sentence.”

He said the money would have to be paid back, but did not reply when the judge asked: “How is it going to be paid back?”