A terminally ill man who pleaded guilty to stealing yesterday promised a Magistrate that this was the last he would see him in court.

During the plea court session in Magistrates' Court, St. Brendan's resident Anthony Bartley, Sr., told Acting Senior Magistrate Carlisle Greaves: "Your Honour, you won't see me again." Bartley made the pronouncement after duty counsel Llewlyn Peniston told Mr. Greaves that he has a string of petty theft convictions dating back to 1972 and had been punished in every possible way in the past.

Crown counsel Wayne Caines told the court that on April 4, Bartley entered Kim-Kita's hair salon and stole an electronic game, valued at $20.

According to Mr. Caines, when the man was caught by a staff member of the salon, he apologised for his actions.

"Sorry, I wanted to get something to eat," he said.

Mr. Greaves also heard how the man was apprehended in Hamilton Pharmacy on August 13 after he attempted to steal packs of cigarettes, worth $15, then said: "I'm sorry. Give me a break."

Calling him " a typical example of an individual who has fallen through the cracks", Mr. Peniston asked the magistrate not to incarcerate Bartley, who is HIV positive.

"Prison is not the answer," he said. "This is one of those moments you show compassion."

Mr. Greaves reprimanded the man for his actions before discharging him.