‘Cruel’ daughter who stole £43,000 from her dementia-stricken mother is spared jail – as judge says he was forced to give ‘lenient’ sentence due to Labour’s soft justice rules

A judge has hit out at Labour’s ‘soft justice’ sentencing reforms after he was forced to bail an accounts manager out of prison despite looting tens of thousands of pounds from his mother, who suffers from dementia.

‘Cruel’ Catherine Barningham, 49, spent more than £43,000 on overseas holidays, an Alsatian puppy, luxury cars and a mobile phone contract after seizing control of the affairs of vulnerable Elizabeth Smith, 78.

As part of his lasting power of attorney, he also carried out the sale of Ms Smith’s house for just £40,000, despite it being almost three times its value, Leeds Crown Court heard.

Sentencing him on Tuesday, Judge Robin Maers described the case as a ‘vile breach of trust’ and Barningham, of Goole, East Yorks, as ‘a thief who stole from his own mother’.

But he said he was ‘compelled with very reservations’ to suspend the prison sentence immediately, under reforms introduced by the Labor Party this year.

Giving him a three-year suspended prison sentence after admitting fraud by abusing his position and purchasing criminal goods, Judge Mairs said: ‘There are many who rightly say this is a lenient sentence, and indeed it is.

‘This would not have been imposed if it were not for the compulsion of the Community and Oversight Principles. But this is only one opportunity. If you violate this you go to jail.’

He added: ‘You’ve got a good job. You have a job that can finance your lifestyle. You didn’t have to steal from your mother. It was your greed that drove you to do this.’

Barningham, 49, splurged on foreign holidays, bought an Alsatian puppy, a mobile phone contract and drove a luxury car after taking control of vulnerable Elizabeth Smith’s affairs

Within the scope of reforms implemented in April to free up space in prisons, prison sentences of up to three years can now be postponed instead of being executed immediately.

Previously, only prison sentences of up to two years were considered as suspended.

When he was released on Tuesday, Barningham was seen visiting a shop near his home and purchasing a bottle of wine, cigarettes and a bouquet of flowers.

Courts are now required to consider factors such as rehabilitation, risk of harm and the impact of immediate detention on dependents before deciding whether to impose an immediate prison sentence.

Justice reforms have also seen tens of thousands of prisoners released from prison early to make room, after justice minister Shabana Mahmood announced they could be released after serving 40 per cent of their sentences.

The court heard Ms Smith appointed Barningham, who earned £59,000 a year working for giant 3M, to oversee her finances in 2015.

Later, when his condition worsened, he was moved to a nursing home in Lincoln.

While the widow believed she had “significant savings”, her son Michael Hart later discovered his account was overdrafted by £1,600.

Care home staff said Ms Smith often had little money for her own needs, while Barningham enjoyed holidays abroad, a new home and drove a BMW or Mercedes.

One care home worker even stated that Mrs Smith loved a particular brand of salty crisps but Barningham refused to buy them because they were ‘too expensive’.

Financial investigations revealed that she spent £43,130 of her mother’s money on herself; This included £4,118 spent on an O2 phone contract, £3,850.48 with travel company TUI and £12,559 for ‘unexplained transactions’ and cash withdrawals.

Judge Mairs told him: ‘You milked your mother as much as you could and only gave up the power of attorney when the game was over. ‘A greater fraud or a more despicable abuse of trust is unthinkable.’

Barningham, who was arrested in December 2024, admitted using his mother’s account ‘as if it were his own’ and described the mistakes as honest mistakes.

The mother-of-one later claimed she had financial pressures, including debt consolidation issues and gambling debts.