Edinburgh crime: Granton dental nurse Kerry Sinclair avoids jail after embezzling more than £70,000 from elderly aunt

A dental nurse who embezzled more than £70,000 from her elderly aunt has been spared a jail sentence.

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Kerry Sinclair swiped the large cash sum from Jessie Sutherland after being made power of attorney to look after her relative’s financial affairs.

Devious Sinclair, 39, arranged for the pensioner’s home to be sold off to help pay for care home fees and stole thousands of pounds from her bank account.

Kerry Sinclair who embezzled thousands of pounds from her elderly aunt has avoided jail

The heartless 18 month scam was uncovered after the care home payments could not be met and the local authority began an investigation.

Sinclair appeared at Edinburgh Sheriff Court for sentencing on Thursday where a sheriff told her she had committed “a concerning offence”.

Sheriff Wendy Sheehan also noted Sinclair had undersold Mrs Sutherland’s home “for a quick sale” and had used some of the proceeds to pay for her own mother’s funeral.

But the sheriff said Sinclair had “genuinely cared for her aunt” and acknowledged this was her first offence and she had “a glowing reference” from her employer.

Sheriff Sheehan added: “This is, as you will gather, a serious offence involving a great deal of money.

“It is not a victimless crime because the sum would have ultimately been paid to the care home.

“You have taken responsibility for this offence at the earliest possible opportunity. I am narrowly persuaded to consider a direct alternative to custody.”

Sinclair was ordered to carry out 300 hours of unpaid work and will be electronically tagged and must stay within her home between 8pm and 7am for four months.

Sinclair, from Granton, Edinburgh, was also ordered to pay a compensation order of £300 per month for the next five years.

The sheriff added: “This will go some way to paying back the City of Edinburgh Council.”

Sinclair had previously pleaded guilty to embezzling £71,425.63 between November 9, 2017, and May 5, 2019.

Last month the court heard Mrs Sutherland had been diagnosed with vascular dementia and her health began to rapidly deteriorate in 2016.

Sinclair was said to be “a regular visitor” to her aunt’s home in the Warriston area of the Capital and she convinced family members she should be handed authority over her aunt’s affairs.

Fiscal depute Jack Caster told the court Sinclair, a mother-of-three, had been made bankrupt in 2016 and should not have been allowed to have power of attorney.

The fiscal said Mrs Sutherland, then aged 68, was homed at the city’s Gylemuir House care home in June 2017 and had “sufficient funds” to meet the fees herself.

She was later moved to the city’s Forthland Lodge care home but within months her home had to be sold to meet the home payments.

The house was sold for £155,000 in May 2018 but within 12 months Sinclair informed the City of Edinburgh Council her aunt did not have the funds to continue paying for care.

Council officials began an investigation into Mrs Sutherland’s finances and shortfall of around £75,000 was identified.

The court heard the council probe identified Sinclair, a part-time dental nurse, had been making large debit and cash withdrawals from her aunt’s bank account.

Mr Castor added Mrs Sutherland had passed away on December 12 last year aged 72 but had been able to remain at the care home with the fees being paid by the local authority.

Solicitor Emma Martin, defending, said her client was “extremely ashamed” at taking the cash and had used the funds to pay for living expenses and not for luxury items.

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