A 76-year-old woman has been spared jail after carrying out an £18,000 pension fraud.
Robina Pearson, of Clova Road in Kirriemuir, walked out of Forfar Sheriff Court on Thursday after receiving a nine-month restriction of liberty order (RLO).
Sheriff Kevin Veal said he was prepared to take the unusual step of allowing Mrs Pearson her liberty after considering the “exceptional” circumstances of the case, including an alleged violent marriage and the breakdown of a family from which the accused is now isolated.
Pearson previously admitted that between January 25 2003 and November 20 2011 she pretended to officials of the Department for Work and Pensions benefits agency that she was not in receipt of an occupational pension, and obtained £18,000 of income support and pension credit by fraud.
Sheriff Kevin Veal said that the lengthy period over which the offence was committed and the “spectacular” amount of money involved evidenced the gravity of the crime.
Pearson’s defence agent, Michael Boyd, said his client had been subject to years of abuse at the hands of her late former husband, which had resulted at one stage in the accused receiving a fractured jaw.
Sentencing the pensioner, Sheriff Veal said he had looked at the case “from every angle”.
He told Pearson: “In normal circumstances, there would have been no alternative to an immediate custodial sentence. However, in this case I can identify factors which may be argued as bringing exceptional circumstances.”
The sheriff also said it would be “inappropriate” to additionally impose a compensation order for the entire sum, but was told Pearson has undertaken to repay £20 per week.
Under the terms of the RLO Pearson will be forced to stay in her house between 8pm and 8am every day as a direct alternative to prison.