Gambling addict stole thousands from his frail grandfather - and 'badgered' his mum to help
A gambling addict who was desperate for money callously plundered the savings of his own frail grandfather, who was suffering from dementia, in a heartless fraud totalling more than £58,700.
Craig Kitching was using Class A drugs at the time and he "badgered" his mother to go along with the scam against her own father.
He "could not resist temptation" when they both had access to a "significant sum of money" – even though they were supposed to be safeguarding the pensioner's financial interests, Hull Crown Court heard.
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Craig Kitching, 42, and his mother, Gail Kitching, 67, both of the Spring Cottage area, Hull, admitted fraud between November 7, 2017 and December 19, 2019.
Benjamin Donnell, prosecuting, said that, in November 2017, the mother and son were both appointed deputies to make decisions on behalf of an elderly man, suffering from dementia, who was Gail Kitching's father and Craig Kitching's grandfather.
A house, valued at £115,000, in Astral Way, off Wawne Road, Bransholme, was declared to the court involved but no other financial assets were mentioned because, at the time, there was no access to bank accounts.
In January 2019, the Office of the Public Guardian received safeguarding concerns from Hull City Council, which had discovered savings that it did not know about and which should have been used to contribute to the cost of the pensioner's care. Bank statements were requested.
It was discovered that regular cash withdrawals had been made. This seemed odd as the elderly man was living in a care home. The Kitchings were visited at their home and both were frank with officials.
Craig Kitching had used money for a gambling addiction and Gail Kitching provided her son with the man's debit cards to fund his gambling. Both admitted cash withdrawals.
The total unexplained cash withdrawn was £58,797. Craig Kitching admitted "badgering" his mother to let him have the bank cards. Gail Kitching admitted that her son told her that he was fraudulently withdrawing money to use on gambling.
She used money for her car expenses and admitted abusing her position as a deputy for her father. The elderly man had died during the Covid pandemic.
During police interview in June 2020, Craig Kitching admitted using Class A drugs and gambling. "He admitted taking money in small regular amounts," said Mr Donnell. He understood that it was wrong. He had convictions for 13 previous offences, including handling stolen goods and five theft-related, between 2003 and 2014. Gail Kitching had one previous offence of shoplifting in 1983.
Stephen Robinson, mitigating, said that Craig Kitching gave in to temptation when the money was available. "He is ashamed of his behaviour," said Mr Robinson. "It's serious. He admitted his offending in interview. He made very full admissions. He hasn't committed any further offending since this behaviour ceased.
"He has been a gambler on and off since the age of 15. He would usually spend all or most of his wages or benefits when he was going through a difficult period.
"This was the first time he had access to a significant sum of money and he could not resist temptation. Once he started, not only did he feel the urge to carry on but he hoped to win money to pay it back.
"He is ashamed of the way he has behaved towards his grandfather. He remained in touch with his grandfather until he died.
"He has continued to attend Alcoholics Anonymous and Narcotics Anonymous. He doesn't drink any more. He is stable on a methadone programme.
"He has been in touch with Gamblers Anonymous. He is determined to try to avoid this sort of thing."
Ben Hammersley, representing Gail Kitching, said there was no practical impact on the victim of the fraud. "His needs were being met," said Mr Hammersley. The impact was on the estate, which it was assumed that she would have been due to inherit.
She and her son were in a position of trust and her role in the fraud was more passive, certainly for most of the time.
"She has never denied that to which she has now pleaded guilty," said Mr Hammersley. "There has been no trouble since whatsoever. This offence is very much out of character for this woman.
"She has worked hard all her life and has raised her family. She acted out of misguided, misplaced love for her son and wanting to bury her head in the sand. She was badgered.
"She couldn't cope and couldn't face up to what was happening. She wishes she had the strength at the time to do what she knows she ought to have done. She has spent the last four-and-a-half years beating herself up over this."
Judge Tahir Khan KC said: "This was an abuse of the trust that was placed in you." He told Craig Kitching: "You used bank cards when you had them and you badgered your mother to give you the bank cards when she had them."
Judge Khan told Gail Kitching: "You knew what your son was doing because he told you and you didn't stop him stealing from his grandfather."
Craig Kitching was given a 20-month suspended prison sentence, six months drug rehabilitation and 25 days' rehabilitation. Gail Kitching was given a 16-month suspended sentence, with no requirements.