A homeless man's lengthy criminal record meant he was over the "custody threshold", leaving a judge no other option but prison for being a passenger in a stolen car.

Shane Edmund Todd, 29, yesterday pleaded guilty to being a passenger in the car, which was stolen from Mark Lightbourne on October 7, 2003.

Though the usual penalty for such an offence does not merit a jail term, Acting Puisne Judge Patricia Dangor said his record pushed him over the "custody threshold".

Todd, who is homeless, was convicted of six related offences in Magistrates' Court over the past decade. Each time he received a fine.

Arguing that in view of his record a simple fine would not suffice, Crown counsel Graveney Bannister suggested jail time. The maximum penalty for such an offence in the Supreme Court is 12 months incarceration.

Todd's lawyer Victoria Pearman said in light of her client's guilty plea he should be offered some discount.

Todd and two others visited Mr. Lightbourne's house on the day in question "for no good reason", Ms Pearman said. The men did not intend to steal anything at the time.

However things deteriorated, she said, and her client found himself intervening to prevent the other two from attacking Mr. Lightbourne.

They then leapt in his car and drove away, damaging the car and injuring Mr. Lightbourne in the process.

Todd was taking "a realistic view" of the his situation, Ms Pearman said. "He's saying, 'I'm responsible for this, and if that merits an immediate custodial sentence I am prepared to do that'. Todd believes he has had chances."

In view of that, she said, the real issue was how long the sentence will be. Ms Pearman suggested a period of three to six months.

Todd apologised for the incident, saying he had been in the wrong place at the wrong time.

"I'm always the fall person in these situations," he complained.

"Well, don't get yourself into 'these situations'," Ms Dangor replied. "It is really your record which, in my view, pushes you over the custody threshold."

Todd was jailed for four months.