A WOULD-BE fraudster who tried to claim twice after a car smash has kept his freedom -- because he had been accused of rape at the time of the offence.

Judge Raymond Bennett told Nathaniel White, 26, who was later cleared of the allegation, that that had put him under added stress for which he could not be compensated -- and so he was not going to send him to jail.

He added the defendant, who had been paid £1,600 but tried to claim it again, had made a 'bare-faced' attempt to get more cash from a third party insurance firm.

White, of Causeway, Great Harwood, had earlier admitted attempting to obtain property by deception. He was given 60 hours community service.

Gordon Hennell, prosecuting, said in April 1999, the defendant was involved in a car accident which was not his fault.

The other driver was insured with a company called Budget Insurance Services and the firm sent a cheque for £1,600 to White. He cashed that at a firm in Accrington.

Meanwhile, the defendant's solicitor, believing the money had not been paid, began to press Budget for payment.

A representative from the solicitors asked Budget to issue another cheque and after the insurance company made investigations, they reported the matter to the police.

When White was interviewed, he claimed it must have been some sort of misunderstanding, as he had not told anybody he had not received the cheque.

Roger Baldwin, defending, said the offence was bizarre and he did not understand it. White had cashed the cheque with people who knew him and his attempt at deception was doomed to failure. There was never any possibility he would get another payment.

White had not done anything like that in the past. He was a part-time carer for his grandmother as there were no other family members available to look after her.