A DAD-OF-THREE who fraudulently bought £21,000 of tools on a company account weeks after they had sacked him following a drink-drive conviction has walked free from court.

Preston Crown Court heard how Jonathan Alfred Smith made multiple trips to Jewson’s, Smiths Hire and HSS Hire, all Blackburn, and lied by saying he was still working for Forrest Joinery and Construction Contracts Ltd.

The court heard the offences took place between April 2017 and June 2017 and 29-year-old Smith sold the tools to local tradesman to fund his trips to the pub.

Prosecuting, Stephen Parker said although a statement was made to police in May 2017 it took police two years to find Smith – although he claimed he was staying at his sister’s house the entire time.

Smith, of Town View, Blackburn, pleaded guilty to four counts of fraud by false representation.

Defending, Joe Allman said his client was now a completely different person to the one who committed the fraud offences three years ago.

He said his client was a good father to his three children, aged one, three and five, and also looked after his partner’s two children, aged three and five.

Mr Allman said although his client had a job beginning in April as a ground worker with Blackburn-based Greenfingers Landscape Ltd, he acted as a carer for his partner who has issues with her health.

He said the court had been provided with a statement from his partner’s grandmother, Susan Slater, describing Smith as being “kind, hard-working and conscientious”.

Mr Allman added: “He is a completely different man.”

Judge Andrew Jefferies QC said any worker who “dipped their hands in the till” should expect an immediate custodial sentence because it was always a breach of trust and would act as a deterrent to anybody else thinking of doing the same.

However he said given the delay in the case getting to court and the fact Smith had completely turned his life around, it would be wholly wrong to send his to prison.

Judge Jeffries said: “In a nutshell, in March 2017 when you were sacked or let go by your employers because of a driving conviction, you continued to pass yourself off an employee of that company and obtain tools or equipment or products which in fact you were selling on to local builders so that you could keep the money and spend it on alcohol. You did that to the tune of around £20,000.

“Thefts from employers or frauds from employers always usually receive custodial sentences, especially if they are small businesses because you have abused the trust your company has put in you. It’s a deterrent. It sends out the message out that if you want to put your hand in the till you will go to prison.

“However you were discovered to have done these offences back in April 2017.

"You didn’t flee to a foreign jurisdiction, you didn’t hide, you just stayed with your sister.

"For one reason or another the state was unable to locate you and two years passed by.

“The state then did locate you in March 2019 - two years on - and you were interviewed by the police.

“I don’t know what happened between March 2019 and January 2020 but it was not until January 2020 that you were sent a postal requisition asking you to attend the lower court. You did attend. You pleaded guilty and you were sent here.

“The individual who committed these offences would have gone to prison for two and a half years, less credit for plea which would have meant a sentence of 20 months. I wouldn’t have batted an eyelid at sending you to prison for 20 months, it’s what you deserved. The man who appears before me now – three years on – is a very different person.”

Smith was given a 12-month community order, with 15 rehabilitation activity requirement days.