A diabetic man who claimed that he stole chocolate bars from the Phoenix store in a bid to increase his blood sugar levels, was handed a conditional discharge when he appeared in Magistrates' Court.

Arthur Wayne Smith, 55, who lives at the Salvation Army on North Street, in Pembroke, admitted taking three '3 Musketeer' bars from the store on Reid Street on October 24.

In court he said: "I apologise to the (Phoenix) and the courts."

The court heard that Smith visited the store at about 1.50 p.m., carrying a backpack and scrutinising the candy aisle. He took two packages of mints and three '3 Musketeer' chocolate bars from the shelves, stuffing the latter down his pocket.

He proceeded to pay for the mints, but left the store with the chocolate bars, valuing $3.30, in his pants. He was stopped by a security guard and taken to Hamilton Police Station, where he was processed and detained and admitted he was hungry and needing something to eat.

According to duty defence counsel Mark Daniels, Smith took the candy to "satisfy a physical need" and a custodial sentence was not necessary.

Senior Magistrate handed Smith a conditional discharge for 12 months.