![Joshua Edward Picton was sentenced to a 12 month intensive correction order (ICO) in Tamworth Local Court. Picture file Joshua Edward Picton was sentenced to a 12 month intensive correction order (ICO) in Tamworth Local Court. Picture file](/images/transform/v1/crop/frm/150521478/f6c6b7b8-1f9a-4da8-85db-cda1a15eaa52.jpg/r0_0_1200_675_w1200_h678_fmax.jpg)
A MAN has been ordered to pay back the thousands of dollars he stole from an elderly, and "vulnerable" family member with dementia.
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Joshua Edward Picton fronted Tamworth Local Court when the court heard of the "very planned" and "ongoing" fraudulent bank transfers, which drained an elderly relative of almost $40,000.
Police prosecutor Sergeant Rebecca Skivington said the court needed to recognise the "harm" the 36-year-old had done, and make him accountable for his actions.
Picton was charged with one count of dishonestly obtaining financial advantage, or cause disadvantage by deception after he transferred $39,710 from an elderly relative into his personal account.
The fraudulent transfers happened across a two-year period while the relative was living in an aged care home.
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Court documents reveal the 36-year-old had access to the relative's account to help withdraw their pension, and do fortnightly shopping.
He was aware he was only to use the debit card for these purposes, and was only to make transaction while the elderly relative was present.
According to police facts, another family member obtained bank statements and noticed a number of unusual transactions, and questionable purchases.
The transfers were reported to police, who were unable to find a single instance when the money transferred to Picton was followed by a cash withdrawal.
In court, Sergeant Skivington said Picton had "abused a position of trust", and committed the offences for financial gain.
The 36-year-old's Legal Aid defence solicitor Arabella Munro told the court the offender had acted "out of character", and the funds were used by Picton to pay back "substantial debt".
"He concedes that is absolutely no excuse for his behaviour," Ms Munro said.
Magistrate Julie Soars convicted Picton, and sentenced him to a 12 month prison sentence to be served in the community by way of an intensive corrections order, or ICO.
"I'm sure you may not have been in a good place during the time of this offending," Ms Soars said.
She added the condition the 36-year-old must complete 40 hours of community service, and pay back the stolen money.
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