Burglar spared jail to care for his sick baby

PUBLISHED: 10:00 19 November 2015

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A burglar from Lympstone has been spared a prison sentence so he can help care for his seriously ill baby.

Kyle Stainer’s young son was born with a hole in his heart and needs to be driven to a specialist hospital at Bristol for regular treatment.

Stainer, 24, of Glebelands, Lympstone, is responsible for taking the child to the appointments and also plays an important role in his day-to-day care, Exeter Crown Court was told.

Stainer was at risk of an immediate prison sentence because he joined in a raid on a family home at Whitestone, near Dunsford, in August.

Stainer admitted burglary and was jailed for eight months, suspended for a year, and ordered to complete 60 hours’ unpaid community work.

Recorder Mr Philip Mott, QC, suspended the sentence after being shown medical reports from Bristol, which confirmed the child’s condition and treatment.

He said he was suspending the sentence to allow Stainer to continue to help with the care of the baby.

Mr Jonathan Barnes, prosecuting, said the burglary took place at a detached, private home in Whitestone on August 15.

Forensic tests linked Stainer to the point of entry.

Mr Stephen Nunn, defending, said Stainer had not intended to take part in the raid, but had been in a car with some other people who had driven to Whitestone.

His contribution was restricted to breaking a window to allow others to gain entry and he had not gone inside the building himself.

Mr Nunn asked the judge to suspend any sentence of imprisonment to allow Stainer to continue to care for his son, who was now the focus of his life and provided a strong incentive to stay out of trouble.

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