A man who is facing a "substantial" prison sentence for stealing more than £100,000 from a pensioner is now disputing the deceased victim's capacity.

Simon Appleby pleaded guilty on a basis to one count of fraud on October 9 which was not accepted by the Crown Prosecution Service.

The 39-year-old admits defrauding the pensioner but claims she asked him to do work at her home and there was "no issue" with him accessing her bank account to pay himself sums totalling £102,000 between September 2019 and December 2022.

Shrewsbury Crown Court was told on Thursday (November 14) that the last withdrawal of £15,000 was on December 12, 2022.

The Crown's case is that the victim did not have capacity and Appleby was taking advantage of her.

His Honour Judge Anthony Lowe fixed a date for a Newton hearing on February 2, 2025. He said Appleby was looking at a "substantial" prison sentence.

Appleby's barrister Steven Young explained to the court that Appleby, from Bucknell near Knighton, was doing housekeeping and general work, and also caring for the pensioner, but wasn't employed as her carer, two to three times a week.

The judge said: "I'll make it clear at the moment, if he volunteers to do caring work without payment, the complainant would be under the reasonable assumption that some people are kind and don't expect a reward. Unless he says there was a discussion that he would be coming three days a week and be expected to be paid if he does odd jobs, then without an agreement that's fraud.

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"We're talking about so much money here and he needs to be very careful that it's going to affect his credit at the end of the day.

"What he does at the end of the day may be regarded by me or another judge as an indicator of his attitude to what he's done.

"It's all very regrettable because all this needs to be sorted out so the family can move on, and they can't move on while the overall sentence is at large.

"[Appleby] has got a difficult balancing act here. At the moment, he would be entitled to a 25 per cent reduction. He's going to balance the risk that it will come down significantly if I don't accept his version of events. The public will find repugnant."

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Mr Young told the judge that he had advised Appleby, adding that "he's not pushing me on the Newton hearing. It's me trying to ensure the court sentences him on the right picture".

The deceased victim's family and the defendant's family watched the proceedings at Shrewsbury Crown Court on Thursday.

Judge Lowe said: "There are people affected by what I do. Ultimately it is for me to decided what difference it makes. I have to decide the appropriate figure for reduction is because Mr Appleby is going to have a prison sentence, the question is how long.

"In my judgement it would be wrong for me to say all this will make no difference. It would causing further delay if I were to sentence today, and then it would go to the Court of Appeal. It wouldn't help anybody. A Newton hearing is a public hearing and you're entitled to be here."

Addressing Appleby, the judge said: "Don't think I've made my mind up quite yet, it's quite the contrary allowing a Newton hearing.

"It would be wrong for me to simply make an assumption that this will make no difference. If there is a lot more to it, it may make a difference.

"There are risks. Your credit may go below 25 per cent so you may lose more than you gain."