A JUDGE told a mother-of-two to cut down or quit smoking after hearing she was unable to afford the £1,000 fine and costs for her involvement in an £8,000 fraud.

Whitney Varey appeared in court alongside her brother Abraham who was sentenced for conning a car buyer out of the cash after advertising a car for sale.

The 28-year-old single mum of St Phillips Park, Coundon Grange, near Bishop Auckland, admitted possessing criminal property and was fined £750 plus £250 costs.

However, Judge Christopher Prince refused to accept she had no money to pay after being told by Lewis Kerr, mitigating, she was on benefits and only had £6 left for luxuries, including cigarettes.

Despite being told Varey “cannot afford to smoke” Judge Prince heard she smoked 20 a day, costing her about £35 a week.

Judge Prince rejected her offer to pay her fine and costs at £5 a week - upping the figure to £15, telling her: "I’m told you cannot afford to pay a fine; you can if you cut back or stop smoking.”

Earlier Deborah Smithies, prosecuting, told Durham Crown Court how an Irishman agreed to buy a VW Golf which Abraham Varey advertised for sale on Autotrader in January 2015.

The man was told to transfer £8,000 into Whitney Varey’s account and then planned to travel to the North-East to collect the car.

However, the sum was withdrawn next day and the account closed.

“A photograph was taken using Abraham Varey’s mobile phone of piles of cash later that day and the full £8,000 was put into Abraham Varey’s bank account and then on January 19, Whitney Varey’s bank account was closed,” Ms Smithies added.

“Having transferred the money he found himself unable to contact the seller again.”

Mohammed Hussain, for 19-year-old Abraham Varey, also of St Phillips Park, said: “There was no sophistication in this.”

He added that Abraham Varey had since repaid the victim.

Judge Prince sentenced him to four months in prison, suspended for 12 months and ordered him to do 200 hours of unpaid work.

He also advised Whitney Varey her fine would have been lower had she not waited until the first day of her trial to admit the offence.