A FORMER soldier from York with an "exemplary" service record narrowly escaped jail when he appeared in court for fraudulently using a friend's cheques.

Benjamin James Targett performed arduous tours of duty in Northern Ireland, Kosovo and Bosnia during his four-and-a-half-year stint in the Army.

But York magistrates heard Targett, 22, was "gullible in the extreme" when he wrote cheques totalling £600 using a friend's chequebook.

They heard the chequebook may have been taken from a shared flat complex in Clifton, York. Post for the 15 rooms at the site would be picked up by tenants and left in the communal kitchen for collection.

The complainant, Anthony Parker, later received a letter from the Abbey National, saying he had cashed a cheque for £300.

However, Mr Parker became suspicious when the date of withdrawal did not correspond with his book.

Then the bank told him another £300 cheque, this time for a woman, was in the process of being cleared.

Prosecutor Martin Butterworth said that on June 9 last year Mr Parker attended the Abbey National and saw the first cheque carrying his forged signature, making the payment to the defendant. He later saw a similar cheque for the same total made payable to the woman, but this was later cancelled.

Police were called and Targett denied the offences, but later changed his plea before the case went to trial.

The court heard the defendant committed these offences while on bail for similar deception charges, for which he received 40 hours community service last August.

Chris McGrogan, mitigating, pointed to Targett's "exemplary" service during his time in the Army.

"As a result he was handed a good conduct medal", said Mr McGrogan, who said his client was "gullible in the extreme" when he wrote the cheques.

Magistrates warned Targett that they had seriously considered jailing him because he committed the latest crime against his friend just before going to court for similar offences.

Targett, of Burton Stone Lane, Clifton, was given a one-year community rehabilitation order and 100-hours' community punishment.

The ex-squaddie was also ordered to pay £300 compensation to Abbey National and £250 prosecution costs.

Targett, who now works as a bricklayer, admitted one charge of obtaining property by deception on May 8 last year.

Another charge of attempted deception was taken into account.

Updated: 08:47 Tuesday, February 10, 2004