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A heartless carer who teamed up with a colleague to steal more than £12,000 from an elderly couple with dementia has been spared jail.
Jodie Percival was said to have acted in an "appalling, self-serving and utterly arrogant" manner when she and her accomplice Gemma Day targeted the two people they were employed to look after.
Over a four-month period in 2021, she routinely drove Day to a cashpoint for her to use the pensioners' bank card to withdraw sums of money ranging from £200 to £500 at a time.
Although Percival claimed to have been acting "in fear" and had never used the card herself, Maidstone Crown Court was told this was not borne out in phone messages with her colleague.
Between them they were said to have pocketed a total of £12,170 belonging to Ann and Dennis Baldock.
It was revealed at Percival's sentencing hearing this week that Mr Baldock has since died and his wife is living in a care home.
But on being told of the seven children the 29-year-old and her partner have joint responsibility for, the judge decided she could keep her freedom - as Day, also a mum, had been allowed to do so when she appeared at the same court three years ago.
On that occasion, it was said that 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 Sittingbourne three times a day in pairs.
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 but when interviewed by officers, Day revealed she visited the couple even when she was not scheduled to work just to steal more money.
She also claimed she had only taken half the money, with the rest pocketed by Percival, who had not been charged by the time Day was sentenced in September 2021.
Percival, from Eastchurch, was later arrested and subsequently admitted fraud by abuse of position.
At her sentencing hearing on Tuesday (August 6), prosecutor Charles Drinnan told the court that although there was "nothing to suggest" her involvement was more than Day's, her claim as to how little she was involved was not credible.
"This was a fraud against two elderly victims, both of whom had vulnerabilities by way of their age and dementia," he said.
"Sadly, one of the victim's passed away - Mr Baldock. Mrs Baldock also has onset dementia and is residing in a care home.
"As Gemma Day was, Jodie Percival was employed as a carer for Mr Baldock and whereby the bank cards were taken and used to withdraw funds.
"The total loss was £12,170. That was across a four-month period, where £200, £250, sometimes more, was removed from a local cashpoint at a Nisa store.
"The cashpoint was covered by CCTV. That showed Ms Day being dropped at the car park and inquiries led to Ms Percival's car.
"Ms Day would go to the cashpoint, take the money out - sometimes up to £500 in two quick withdrawals. She would then return to Ms Percival's vehicle before being taken away from the location."
The court heard that Percival had pleaded guilty on the basis that Day was "the primary and most culpable" offender, and limited her own involvement to driving her accomplice.
"She said she had a suspicion of what was happening, later knew what was happening, but never used the card to make any withdrawals," explained Mr Drinnan.
However, he added that messages found by police on Day's phone, and which appeared to have been deleted from Percival's, suggested otherwise.
These included Day asking Percival "Have you put the card back yet?" and the latter appearing to "panic" in one of her responses that the scam would be discovered.
Others from Day to Percival read "I don't know if Ann has noticed it missing", "I would have but I've not heard from you", and "I thought we were doing it the other day."
Percival then replied: "I'll try again. Did you?", to be told by Day: "Only got £250. Had to be quick."
Mr Drinnan told the court: "Those messages suggest that Ms Percival was more involved than she accepts in her basis (of plea).
"When she was arrested there were some interesting aspects to her phone. Those messages obtained from Ms Day's phone were not present on her phone - they had been deleted - and so there is a suggestion that Ms Percival had actually tried to conceal her involvement."
Furthermore, the prosecutor said there was no evidence of any "pressure or influence" being put on Percival by her colleague to "abuse the position of trust, power and authority" of the vulnerable victims who, he added, had suffered "serious detrimental impact".
However, her lawyer Kieran Brand told the court she took part out of fear but he added it was "always" accepted the deceit was committed as a joint enterprise and Percival knew what was happening.
Urging the court however to not send her immediately to prison, Mr Brand said that in spite of a "difficult background" she had led a law-abiding life until this offending with Day began, had acted out of character, and had not reoffended
Mr Brand also asked the court to consider the effect sending the unemployed mum to jail would have on the seven children, aged between one and 15, with whom she and her partner live with in a three-bedroom house.
“Whether you were led into it by her or whether it was your idea…the two of you collectively acted to exploit and abuse your position of trust…”
Passing sentence, Judge Julian Smith said although the fraud was "grave", there was a need for "caution" when deciding the appropriate punishment and its potential impact on her young family.
But he told Percival less weight was to be given to whether she or Day were more culpable than the other.
"You have clearly fallen out about this and don't accept the other's account as to how it happened and who was responsible," said the judge.
"To be perfectly honest, I don't think that matters much in the context of this case. Whether you were led into it by her or whether it was your idea as Ms Day says, the two of you collectively acted to exploit and abuse your position of trust and responsibility in relation to those two vulnerable people.
"You stole from people who trusted you and who were in your care. You have lost your name, your career, your reputation - and deservedly so.
"Stealing from people like that is quite appalling, self-serving and utterly arrogant....You had that position of trust because they were so vulnerable. You exploited both and helped yourself.
"That was awful and appalling and I hope you are, as you should be, deeply ashamed."
Imposing a 15-month jail term suspended for two years, with a condition of 30 rehabilitation activity requirements (RAR), Judge Smith said he had also taken her lack of previous convictions into account.
Percival will also be subject to similar proceedings later this year.