THE row over prison overcrowding has helped a postwoman who stole scores of York letters - and dumped scores more in a skip to avoid a jail term.

Karen Finnegan, 38, who admitted theft and delaying the post, could have got up to nine years in jail, but she walked free from court yesterday.

"I am not unmindful of the fact that prison places are very few in number," said the Recorder of York, Judge Paul Hoffman, "It is a substantial reason why you are not going to be sent to prison."

He said: "I can remember a time 30 or 40 years ago when any postman convicted of theft would have received a three-year sentence.

"Attitudes have changed since then, unfortunately. It is to your benefit."

He said that if she had denied the charges she would have been jailed.

Instead, he ordered Finnegan to complete 200 hours' community punishment and pay £500 of the Royal Mail's court costs.

Finnegan, of Talbot House, Cambridge Street, York, pleaded guilty to stealing 81 mail items and delaying 169 letters and parcels before March 2004. She entered her plea after the judge said he would not jail her.

Earlier this week, the Home Secretary John Reid sent Judge Hoffman - along with all circuit judges - a letter urging them to reserve jail sentences for dangerous and persistent offenders as the prisons are full.

Solicitor advocate Murray Schiffeldrin, prosecuting for the Royal Mail, said a council worker found a mail bag full of letters and packets in a rubbish skip near Finnegan's home.

He handed it back to the Royal Mail, whose internal police identified it as coming from Finnegan's round and searched her home.

They found 81 more mail items. Seventy-seven of them, which seemed to be greetings cards, had been opened.

For Finnegan, Andrew Semple said she had only taken small amounts of cash from the post. She had left the Royal Mail in 2004 because she had suffered from stress through overwork. Since then she had got another job and been promoted.

But she expected her convictions to cost her current post handling money for a bookmaker's. She had no previous convictions and had not offended since.

A Royal Mail spokesman said: "We have a zero tolerance approach to any dishonesty and that stance is shared by the overwhelming majority of postmen and women, who are honest and hardworking and who do all they can to protect the mail and deliver it safely. We will always seek to prosecute the tiny minority of people who abuse their position of trust."

Andy Frewin, director of consumer watchdogs Postwatch welcomed the prosecution as it sent a warning out to "the few bad apples" among postal workers.

The sentence Finnegan could have been given

What Finnegan could have got: l Theft of 81 postal packages - up to seven years in jail l Delaying the mail - up to two years in jail If the sentences were consecutive she could have got nine years.

What she actually got:

  • 200 hours' community punishment
  • She will also pay £500 prosecution costs at £10 a week.

What other thieving postal workers have received in recent years:

  • 2006: Gavin Lee Barker, 20, of Horsman Avenue, York, who stole more than 800 letters and parcels, some of which he opened - six months in jail.
  • 2005: Sherburn-in-Elmet postman Nicholas Adam Lund, 32, of Park Row, Leeds, who stole and used other people's bank cards sent through the post - 27 months in jail.
  • 2003: Martin James Harper, 21, of Byland Avenue, York, who stole one CD from the mail and opened four birthday cards, 150 hours' community punishment with £220 costs.