A MAN who fraudulently used his ex's bank card at a betting shop in Irvine has narrowly avoided jail.
George Wright falsely used the card and spent £107.70 at William Hill and a corner shop on July 29, 2024 after it was stolen from the woman's address in the early hours of the morning.
A Crown prosecutor told Kilmarnock Sheriff Court that at around 4am that day a housebreaking took place at a property on Loudoun Avenue in Kilmarnock.
A quantity of jewellery, aftershave, bank cards and keys were stolen - which the woman later claimed had a value of around £100,000.
A few hours later, Wright attended a friend's home in the town carrying a Bag for Life that had the stolen items.
Later that evening, he visited the bookies on Irvine's High Street and used the victim's bank card to receive £90 worth of gambling machine payments.
Then at around 8.25pm, he used her card again to purchase cigarettes, cakes and drinks from Thornhouse Stores on Thornhouse Avenue.
The victim was alerted to the use of her card by her bank and she attended Kilmarnock police office to report the matter.
Police reviewed CCTV footage and arrested Wright at his home at Peatland Quadrant in Kilmarnock.
The procurator fiscal depute added that the items that were stolen were not returned to the woman as she was "uncooperative with the police".
Wright appeared for sentencing at Kilmarnock Sheriff Court on May 13 after he previously pleaded guilty to a charge of reset at a trial instead of housebreaking.
The 39-year-old also admitted to two charges of using the card to obtain goods and money by fraud.
A victim impact statement was prepared but both the fiscal depute and Wright's lawyer asked Sheriff Murdoch Mactaggart to disregard it as the woman claimed the value of the jewellery stolen was worth around £100,000.
Graeme Cunningham, defence solicitor, said: "It involved a relationship. He was trying to distance himself from previous associates in Kilmarnock because he was desperately trying to get himself clean.
"I simply ask you to ignore the victim impact statement because it is of little assistance, as it talks of crimes that weren't libelled as matters stood and it has values which are quite frankly pie in the sky.
"There is nothing that was provided to the police that justifies a figure like that. It is fair to say that, knowing the area and knowing the complainer, it is highly unlikely that the value of anything stolen was that [figure].
"It is a dishonesty matter. It took place at a time when Mr Wright was suffering from an extreme addiction to controlled substances.
"The reason behind it was to partly fund the habit he had. He is sober and has put on a lot of weight.
"He has a lengthy and serious record, but it stops in 2021 and I wondered because of that if there is an alternative to custody here. It would give some assistance to address any further offending."
As a direct alternative to custody, Wright was placed on a community payback order and will be under social work supervision for 18 months with a drug treatment requirement imposed.
He has also been ordered to complete 240 hours of unpaid work within a year.
The sheriff added: "As long as you comply with the order, that will be the end of it, but if you don't, I will bring you back to court."
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