A BOYFRIEND given his freedom so he could be with his girlfriend has escaped prison for a third time.

Steven John Stone, 23, faced a minimum of 18 months in prison when he appeared before York Magistrates Court for stealing a pregnancy kit.

His solicitor, David Hurlstone, said he had wanted to check if his girlfriend, Abigail Larner, was expecting a child and was so keen to find out, he could not wait for her to go to a doctor.

But last month at York Crown Court, the honorary recorder of York, Judge Paul Hoffman had given Stone an 18-month prison sentence after hearing how he had broken Ms Larner's jaw in two places.

He had suspended the sentence for two years because she wanted Stone back at home.

"I can't for the life of me imagine why...... but if she wants you, she can have you," the judge told Stone. He also warned the boyfriend that he could be made to serve the sentence if he committed any more offences in the next two years.

Mr Garnett told York Magistrates Court that two days after that court appearance, Stone was shoplifting in York. When he appeared before magistrates on February 19, they gave him a conditional discharge.

Yesterday, Stone, of Chapelfields, Acomb, was back before the magistrates. This time, he admitted stealing the pregnancy kit on March 21 from Safeway, in Acomb, and breaching the conditional discharge.

As his girlfriend watched, district judge Mr Kitson of Leeds told Stone: "You seem to be doing your best to go to prison."

But he decided not to make him serve the 18 months.

"Any further behaviour of this sort, that is exactly where you will go," the district judge added.

He fined Stone £100 plus £50 costs.

Updated: 10:54 Thursday, March 27, 2003