A man was sentenced for a fraud offence at Harrogate Magistrates Court on Thursday (July 10).

Simon Winterburn, of Ashfield Terrace in Harrogate, pleaded guilty to one count of fraud by false representation during the hearing.

Alison Whiteley, prosecuting, told the court the named victim lost his phone after using a tyre pump at Asda petrol station in Harrogate on March 16 last year.

He stored his bank card inside his phone case at the time, meaning he had also misplaced his card.

The court heard Winterburn’s car used the tyre pump immediately after the victim, before the victim’s card was used three times later that day.

Winterburn, who had taken the victim’s phone and card, spent £120.01 at the Esso Tesco petrol station on Knaresborough Road using the stolen card.

Ms Whiteley said the victim “carried out his own investigation” at the time and tracked his phone to an address on Ashfield Terrace.

When the man arrived, he saw someone leave the property and walk to a nearby cemetery, where the victim swiftly found his discarded phone and bank card.

Winterburn, 55, admitted the offences to the police and identified himself as the person using the card when shown CCTV footage.

However, he told police he did not have any recollection of the day as he “suffers from blackouts”.

Ms Whiteley told the court Winterburn was enrolled in a crossroads programme – a scheme to help prevent people in North Yorkshire from offending or re-offending – but he “showed no remorse” and the case was referred to the court.

Defendant suffers from PTSD

A probation officer told the magistrates Winterburn, who was made subject to a community order in March, has attended all his appointments.

Sean Wilson, defending, said Winterburn does have a record of offending but none of the previous offences were of a similar nature.

Referring to the crossroads programme, Mr Wilson said Winterburn spoke to his key worker during his first appointment but the worker did not call at the time arranged for his second session. 

When the officer called for the third appointment, Winterburn was “having a bad day”.

The court heard Winterburn, who was visibly anxious in court, suffers from “quite severe” PTSD following the death of his mother, as well as severe anxiety and depression.

He also experiences memory loss due to two head injuries, and Mr Wilson said the defendant cannot remember the offences at all.

Winterburn was handed a six-month conditional discharge.

He was also ordered to pay £120 in compensation to the victim, a £26 surcharge and £85 in prosecution costs.