A FORMER charity shop worker has avoided a prison sentence after stealing a bank card from an elderly widower.

Sarah Brincat picked up the debit card belonging to David Carr's late wife Doris when she went to collect clothes from his home.

She used it to buy goods worth £5,600, including a digital TV, computer and petrol. She had claimed, at a previous hearing, that she had been given the card.

Yesterday at Derby Crown Court, Judge David Pugsley said her offence was "one of the meanest it was possible to commit".

But he said he would not impose a prison sentence because she was responsible for a 10-year-old boy and was in pain due to illness.

He also said she had, through no fault of her own, had a number of trial dates postponed since she was originally arrested in February last year.

Mr Pugsley said: "To steal from the savings of someone's estate and then run the defence that the card had been given to you was behaviour that was morally despicable."

But he added: "Bearing in mind that going to prison would mean you are likely to suffer far more physically because of the genuine pain you are in and bearing in mind the absolute devastation this would cause to a young lad, I've come to the view that I'm going to suspend the sentence."

Eleven of 12 jurors convicted 43-year-old Brincat after three hours and 35 minutes of deliberation earlier this month. During a three-day trial, Chris Geeson, prosecuting, had told the jury she had gone on a four-day spending spree after she had found the card and pin number in an item of clothing belonging to Mrs Carr.

Brincat, who had volunteered at Relate Charity Shop, in Alfreton, denied fraud and theft. She told the jury that she had been a friend of Mrs Carr.

Mitigating, David Outterside said Brincat, of Church Street, Riddings, began looking after the 10-year-old five years ago.

He said: "His mother was a drug abuser and his father works some miles away. She cares for this young child, regards him as his son and he refers to her as mum. She wants to get full parental control."

Brincat was given a 24-week prison sentence, suspended for two years.

A supervision order was also made for two years. She must also pay back £240 of the trial costs at a rate of £10 a month.