A pharmacist escaped a jail term for stealing $2,594 from the Phoenix Stores, despite a prosecutor's recommendation for incarceration because the man repeatedly "took more" each time on seven occasions.

Marc Nicholas Bacon, 35, of Bleak Farm Close, Devonshire, pleaded guilty to fraud and was given a four month suspended sentence by Magistrate William Francis

Bacon, a father of two, stole $2,594 from The Phoenix Ltd., was fired from his $70,000 a year job and has paid the money back.

Crown counsel Wayne Caines told Mr. Francis the accounts department could not figure out the errors and used a surveillance camera to see who was making the changes. Bacon was caught when went into the system and stole more money.

He admitted to stealing the money and apologised.

Defence lawyer Richard Horseman said: "Bacon has no previous offences, he pleaded guilty, he has made contact with his employers, full reparation has been made, he has lost his employment and he is extremely sorry.

Mr. Horseman said: "He received a password from a previous manager and it was simply a case of curiosity killed the cat."

Mr. Horseman recommended a pardon in line with the new criminal code.

But prosecutor Caines said: "In this case I recommend a custodial sentence, because Bacon has had the benefit of a further education.

"What he did was deliberate - he is a thief who took more every time."

Mr. Francis fined Bacon $1,200 and handed down a four month prison sentence, but suspended it for 18 months.

Bacon has until May 17 to pay his fine.