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Page last updated at 18:08 GMT, Wednesday, 14 January 2009

Man jailed over toddler car theft

The Willowbrae Road area
The owner left the car "momentarily" outside the Limelite pub

A man who stole a car in Edinburgh which had a three-year-old boy in the back seat has been jailed for 140 days.

James Docherty admitted taking the BMW 4x4 from a pub car park in the Jock's Lodge area after finding the keys in the ignition on Wednesday 7 January.

Edinburgh Sheriff Court heard how the 25-year-old was "horrified" when he discovered the toddler was in the car.

He abandoned the car in the Northfield area and hid until police arrived 15 minutes later. The child was unhurt.

Docherty, of Fernliehill Road in Edinburgh, pled guilty to stealing the car, driving while disqualified and without insurance.

The court was told the car was in the car park of the Limelite pub on Willowbrae Road when it was stolen.

The child's father had left his son in the vehicle for about 40 minutes, but had been checking on him at regular intervals.

'Absolutely horrified'

A two-year-old child had also been in the car but was taken out, leaving the boy alone to listen to the radio.

Solicitor Fiona Cooper, defending, said Docherty had been walking along the road when he saw the keys in the ignition.

She said: "Basically the temptation was too much for him.

"He had only driven a very short distance when he heard the noise of the child in the back. He was absolutely horrified.

"He stopped the car very quickly thereafter on a main road close to where the car was taken from."

She said Docherty hid nearby and watched the car until the police arrived.

It's fairly clear, looking at your record that a prison sentence is a necessary result
Sheriff Kenneth Hogg
"He wasn't prepared to leave the child unattended and wanted to make sure he was recovered safely by police," she said.

Docherty, who was captured on CCTV stealing the car, was later arrested.

He told police he had panicked at realising the boy was in the car.

He said: "I have got a kid myself and it was just a disaster all round. I'm extremely sorry for my actions, I'm just glad it turned out okay."

Ms Cooper said Docherty, who was convicted last year of culpable and reckless driving, had no idea the child was in the car.

Sheriff Kenneth Hogg said a custodial sentence was the only option.

He said: "It's fairly clear, looking at your record that a prison sentence is a necessary result.

"I'm not sentencing you for an abduction.

"I fully accept that you must have got a considerable fright when you saw this child in the back of the car."

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