A FRAUDSTER who used other people's names to rake in more that £40,000 has had his jail term cut - for the second time.

Joseph Constantine Ashby was said to have "gone off the rails" after his relationship with his girlfriend broke down, committing the frauds after he had been given a community penalty for harassing her.

Ashby, 31, of St Benedicts Road, Bishopthorpe, York, was originally jailed for four years at the city's crown court in April, after pleading guilty to breaching his 200-hour community punishment order, two counts of obtaining services by deception, four of obtaining property by deception, one of obtaining a money transfer by deception, and four of transferring criminal property.

His sentence was cut to three-and-a-half years by the Honorary Recorder of York, Judge Paul Hoffman, because he had no previous convictions of this seriousness.

But London's Criminal Appeal Court concluded this week that the second sentence was also too long, and cut it to two years, four months - noting sentencing guidelines and the fact Ashby carried out some of the community punishment.

Sir John Alliott, sitting with Lord Justice Rix and Mr Justice Bell, said the community punishment order was revoked after Ashby failed to attend for work on three days in August 2004.

It had related to behaviour towards his ex-girlfriend, including confronting her on a bus, smashing a window, phoning her and making threats.

In March last year, he assumed the identity of a University of York academic, who lived in his building and who had gone away on holiday.

When the academic returned, he found notices of default relating to credit cards and a loan, totaling £29,000.

The judge said Ashby obtained a £20,000 loan and two credit cards in the man's name.

As well as the seven counts relating to the academic, Ashby also asked the sentencing court to take into account 12 other counts of obtaining property by deception and seven thefts.

Sir John said Ashby then moved from York to Bristol, where he used credit card details to open accounts for online spread betting, carrying out transactions totalling £16,400.

When he was arrested in September last year, police recovered a list containing the identities and credit card details of 140 people.

Updated: 10:05 Saturday, October 15, 2005