free from court yesterday -- because he is already under "a death sentence.'' Senior Magistrate the Wor. Will Francis told Kenneth Burns he was being merciful.

But the 49-year-old -- said to have a terrible history of dishonesty -- was warned to expect to die behind bars if he slipped up again.

Earlier, Burns had appealed to Mr. Francis for compassion, asking to be allowed to spend his last days with his seven-year-old daughter.

He blamed his offences on "the Devil,'' saying: "It has not been an easy life for me.'' Prosecutor Insp. Peter Duffy also urged Mr. Francis to be lenient.

Burns, of South Road, Smith's, had admitted 18 counts of stealing, forgery, fraudulently uttering and getting money by false pretences.

He asked for three other counts to be taken into consideration.

Mr. Francis gave him consecutive prison terms of nine and 12 months, each one suspended for two years.

It meant Burns -- whose illness was not disclosed to the court -- would face a total of 21 months behind bars if convicted again.

Mr. Francis also handed down a one month jail term, directing the period already spent in custody to be taken into account.

Since Burns had been locked up since January 27, he was allowed to walk free from court.

Insp. Duffy said some of the charges related to a period between July and September last year.

Burns entered the complainant's bedroom and stole five Bank of Butterfield cheques, and cashed them on separate occasions, said Insp. Duffy.

The total amount stolen came to $5,554.75, he added.

Insp. Duffy said Burns also stole two other cheques worth $1,126 -- cashing each one.

One was a $226 Department of Financial Assistance cheque, and the other was stolen from a woman's cheque book.

Before being sentenced, Burns told how his life took a dramatic turn for the worse from the age of 16.

Raised in Princess Street, he had been forced to fend for himself as a teenager, and made a lot of "bad decisions.'' And once he had a criminal record it proved difficult to get a job.

Burns said he was terminally ill and already under "a death sentence.'' While in prison, he had been attacked and left with a fractured skull, he added.

Blaming his latest offences on the Devil, Burns said: "Satan snatched me. I have been tossed about like a ship on the sea.'' He pleaded with Mr. Francis for mercy and compassion, saying he did not want to die in prison.

"I am asking the court for compassion and leniency.'' Burns said he also hoped to pay back the victims of his crimes through hustling as a painter.

Insp. Duffy told Mr. Francis that Burns had a "horrendous'' history of dishonesty.

"It is a sad personal situation.'' He said he had consulted legal authorities about such cases, but the conclusions were conflicting.

"I would propose that justice might be served if you were to sentence him to prison for the amount of time he has already served in custody.'' Insp. Duffy suggested Burns should also be given a period on probation to stop him from falling back into bad ways.

"He has a seven-year-old daughter and it would be devastating for her if he was to die in prison.

"He has a horrendous history, but I am willing to take the risk.'' Mr. Francis, however, said Probation Services already had a heavy caseload.

He believed any sentence should balance mercy with the need to prevent Burns from offending again.