A GARAGE cashier who pocketed almost £4,000 has escaped a jail sentence thanks to a Court of Appeal judgement.

Burnley Crown Court heard Karen Gartside, 39, who helped herself to the cash to bail out her drug-addicted son, had already been to prison for dishonesty offences.

Sentencing her, Recorder Harry Narayan said until the Court of Appeal case in January of this year, most judges would have sent a defendant who had behaved in the way she had to custody.

He said Gartside, whose husband was unaware of her court appearance, had offended over two months, had breached her bosses' trust and had already served a jail term of four months.

But the judge added, after the judgement, it was not right to send Gartside to prison.

Gartside, of Chapelhouse Road, Nelson, had admitted theft and been committed for sentence by Burnley, Pendle and Rossendale Magistrates. She was given a two-year community rehabilitation order and ordered pay £3,669 compensation.

Neil Standage, prosecuting, said the defendant worked for the Kay Group Ltd as a cashier at Eastern Avenue Service Station, Burnley.

After a substantial amount of money went missing between February and April this year, bosses started to check till rolls at the end of each cashier's shift.

The CCTV showed Gartside was taking money for items, voiding them on the till and pocketing the cash. She was seen to hand out a few packets of cigarettes for no money at all. Cash totalling £3,669 was taken.

The defendant told police she had taken the money to pay for her son's drugs and to pay off one of his debts.

Kate Nicholson, defending, said Gartside felt there was nothing else she could do when her son asked for help and told her he had a drug problem.

She made a mistake, fully admitted her involvement in the offence and had pleaded guilty at the first opportunity.

The offence was not criminally sophisticated and it was inevitable her behaviour would be found out.

Miss Nicholson said after the defendant came out of prison following the dishonesty offences last September, she saw a marked change in her son when faced with serious pressures. It did not excuse what she did but she was put in a difficult position.

The barrister added rather than asking for help, Gartside felt it was better to protect her son by paying off drug debts.

The defendant had married in June after having been single for some time. Her husband was visiting his family in Pakistan and did not even know about the proceedings as she was so ashamed.