Man who conned OAP out of £7,000 avoids prison sentence

McPhee and his friend persuaded their elderly victim that his home required expensive repairs

A 25-year-old man, who conned an old age pensioner out of £7,000 by persuading him building work needed to be carried out on his home, has avoided a prison sentence after handing over £4,000 and promising to pay £1,000 a month for three months to his victim.

Mark McPhee, of Ericht Drive, Dunfermline, pled guilty at Edinburgh Sheriff Court last month to obtaining £7,000 by fraud between March and January 2014.

Sentence had been deferred until yesterday for a background report.

Depute fiscal Brian Robertson told Sheriff Thomas Welsh QC that McPhee and another man persuaded a 78-year-old man, who lived in the Silverknowes area of the city, that building repair work was needed on his home.

Mr Robertson said some work was carried out, but it was very little and of a poor standard.

They provided their victim with handwritten notes of work carried out and how much was to be paid.

The depute fiscal added: “They gave him gifts of cheese and slippers as some sort of inducement.”

Defence solicitor, Paul Ralph, told Sheriff Welsh that his client had £4,000 available for compensation now and could pay £1,000 a month thereafter for full repayment of the fraud.

Mr Ralph said McPhee was fit and able to carry out unpaid work in the community.

Sheriff Welsh told McPhee: “I have to be satisfied there is no alternative to a prison sentence and in your case I am satisfied I can impose an alternative.”

He placed McPhee under supervision on a two-year community payback order and to carry out 300 hours of unpaid work within 12 months.

He also imposed a restriction of liberty order for six months, confining McPhee to his parents’ home between 9pm and 6am.

They gave him gifts of cheese and slippers as some sort of inducement. BRIAN ROBERTSON DEPUTE FISCAL