SENTENCING STATEMENTS
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When deciding a sentence, a judge must deal with the offence that the offender has been convicted of, taking into account the unique circumstances of each particular case. The judge will carefully consider the facts that are presented to the Court by both the prosecution and by the defence.
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Read more about victims of crime and sentencing.
HMA v Hayley Matthews
Jul 25, 2024
On sentencing, Sheriff Stirling told Matthews:
“Hayley Matthews, on 27 June 2024, at the Sheriff Court in Edinburgh you pled guilty at a first diet to embezzling £120,000 from your mother in the period between 24 September 2019 and 8 November 2022. In September 2019 your mother was admitted to hospital. You were granted a continuing power of attorney in respect of your mother’s affairs in November 2019. A person acting under a power of attorney is in a position of trust. That person is allowed to incur expenditure and use the other person’s funds for that person’s benefit. On 23 March 2020 your mother was discharged to Finlay House, part of the Eastern General Hospital, as she could not be cared for at home. She had a diagnosis of dementia.
In about March 2020 your father and sister spoke to you about moving your mother to a care home to improve her quality of life. They knew she had the funds to facilitate this, but you were reluctant to have your mother moved. Your mother died in September 2021 in Finlay House. Following your mother’s death you contacted your sister and told her that the value of your mother’s estate was approximately £36,000. Your sister was concerned because she knew your mother had received over £100,000 from the sale of her house and that she had been in hospital between then and her death. Your sister asked to see your mother’s bank statements. You were dismissive of her questions regarding funds, and she applied to the bank for copy statements. She noticed that cashline withdrawals had substantially increased between September 2019 and September 2021, and that the spending pattern was significantly different. In January 2022 she contacted a solicitor. The solicitor wrote to you asking for an explanation. You did not respond. You made various admissions to your father. The matter was reported to the police. Analysis of the transactions on your mother’s account showed inter alia the withdrawal of cash from her savings account amounting to £38,000, Paypal transactions in excess of £46,000, the purchase of luxury items including a designer handbag, transfers to your own bank account and that of your partner, and transactions relating to your children.
You are now 44 years old. You have no previous convictions.
I have read the criminal justice social work report. I have had regard to your account of the offence, and your personal and family circumstances. I note that you previously worked successfully as a reporter and TV and radio presenter. I have read the Adult Carer Support Plan dated 19 June 2024. I have read the character references from your cousin and many of your friends.
I have also taken into account the letter from your sister dated 8 July 2024. That statement can be regarded as a Victim Impact Statement. She is concerned that although the medical staff at Finlay House recommended your mother’s transfer to a care home which would have been a more comfortable and calm environment for her, you were reluctant for this to take place. Your sister has suffered psychologically when thinking about how your mother was treated. She has also suffered financially, because you embezzled money some of which would have been inherited by her.
I have also taken into account everything said by Mr Clegg today on your behalf.
Custody is the only appropriate disposal, having regard to the serious nature of your offending.
Your actions were deliberate, and repeated over a period of more than three years. They were not the result of a moment of poor judgment. They were a series of calculated decisions that demonstrated a clear understanding of right and wrong. They had a serious impact on the lives of both your mother and your sister.
The sentence I have selected is a custodial sentence of 2 years and 3 months imprisonment. This has been reduced from a headline sentence of 3 years, having regard to the fact that you pled guilty at a first diet. You have been on bail throughout. Your sentence will run from today.
Reasons for this sentence include punishment, protection of the public and the deterrence of others who may be tempted to commit similar offences.”
25 July 2024