A commission-only salesman who forged an elderly woman's signature on documents for improvements to her home has walked from court despite a judge's wish to jail him for four years.

Judge Roger Scott yesterday branded Richard Parfitt "an unsuitable person" to have contact with the public or their money, but said he could only sentence him for the offences which he had admitted.

Parfitt, 24, was arrested and charged following a complaint by Patricia Brewster that her elderly aunt, who suffers from Alzheimer's, had been persuaded to pay for home improvements she did not need.

Prosecutor Richard Bennett told Bradford Crown Court that Phyllis Slater, who is in her 90s, paid thousands of pounds to K2 Home Improvements Limited, which employed Parfitt as a salesman.

The court heard Mrs Slater, who was later sectioned under the Mental Health Act, was visited by Parfitt at her home in Rockwood Drive, Skipton, in March.

On April 3 he returned and she agreed a contract for a new front door, side panel, toilet window and patio doors.

She paid a deposit of £687, but that was returned within two days after her niece contacted the company and told them the work should not continue due to her aunt's mental state.

Mr Bennett said Parfitt visited Mrs Slater again and a cheque for almost £4,000 was obtained after she indicated the work should be done.

Parfitt, who had previous convictions for theft and false accounting, forged her signature on the contract and did the same again a few days later when she agreed to have block paving laid to the side and rear of her home.

After the work began Parfitt made further visits to Mrs Slater during which she agreed to have more work done, including the instalation of an electronic garage door.

Mr Bennett said the total cost of the improvements was put at more than £14,000, but a prosecution expert stated the work was largely unnecessary and overpriced. The true value of the work was assessed at £6,500.

Parfitt, of Wayman Road, Blackpool, pleaded guilty to four charges of false accounting relating to the forged signatures, but Judge Scott told him: "There is such a big smell in this court I feel I ought to be wearing a gas mask. What I would like to do is sentence you to four years for preying on old ladies who are self-evidently not with it."

He explained the smell resonating around the court was his suspicion that was what had been happening in Mrs Slater's case, but said he was only allowed to sentence Parfitt for the false accounting offences he had admitted.

"Those offences are aggravated by the fact that in 2003 you have not only theft convictions, but three associated false accounting convictions," said Judge Scott.

"Those convictions and these convictions show to me that you are not a suitable person to have any contact with members of the public and any contact with members of the public involving money directly or indirectly.

"You are apparently employed by a firm who have sent a little note through to me. Whether they know about your previous history I don't know, but many who know about it wouldn't dream of employing you.

"The smell is rank in this court, absolutely rank, but I've got to do my job, as I've said, as to what's in front of me and not what I wish was in front of me."

Judge Scott noted that Parfitt had in fact paid back to the company employing him the £1,700 commission he made, but he said it was a pity he had not paid it directly to the representatives of Mrs Slater.

Imposing a suspended sentence supervision order for 12 months, Judge Scott warned Parfitt that he would have no hesitation in imposing the 39 weeks in custody if he breached it.

As part of the order Parfitt will have to attend a Think First Programme' and he must also pay £1,000 costs at the rate of £100 per month.