A Supreme Court judge was urged yesterday not to jail an accountant who stole more than $100,000 after hearing evidence she was a manic depressive who risked a relapse if she was locked up.

Crown counsel Juan Wolffe argued at Supreme Court that Doylette Love-Ann Duclos's crimes were so serious they demanded a prison sentence, and that a defendant's reaction to jail should not be a consideration.

But under examination from lawyer Victoria Pearman, Dr. Donald MacKenzie, a consultant psychiatrist at St. Brendan's Hospital, said Duclos suffered from what was formerly known as manic depression, and that prison could increase her risk of a relapse into depression and even possible suicide.

Duclos, 30, a mother of two, admitted stealing $57,403 from Overseas Partners Ltd between September 1999 and March 2000, and of swindling DBH Holdings Ltd of $56,824 between July and October 2001.

Dr. MacKenzie said: "She will be vulnerable emotionally to a greater extent than usually for people committed to prison and because of her psychiatric presentation she would be an increased risk of relapse into depression or a further manic swing."

He said Duclos was now on medication which helped "smooth off the extremes of mood. Recently she has been depressed and also had a manic swing before the recent episode of depression".

When Assistant Justice Norma Wade-Miller asked Dr. MacKenzie what effect a prison sentence of 12-18 months would have on Duclos, he replied: "The illness is very susceptible to stress.

"Therefore the stress that can occur in the prison environment will continue to carry an increased risk of relapse."

He admitted that if prison increased the risk of depression that could also lead to a possibility of suicide, but he said the chances of suicide were "definitely" reduced through medication and care.

The "ideal situation" would be for Duclos, of Summit View Drive, Bailey's Bay, to continue to be treated by him, but he assured the court he would liaise with a prison psychiatrist at the Co-Ed Facility to brief him on treatment if Duclos was jailed.

Earlier court cases heard Duclos used the money to pay to pay for work permits, bills, and payroll tax at Le Figaro Restaurant, owned by her husband Paul.

Ms Pearman told the court yesterday that Duclos showed genuine remorse and had paid back the money.

Duclos had no previous convictions, and given the "peculiar factors of this case," a suspended sentence was merited, argued Ms Pearman.

But Mr. Wolffe said: "Individuals' reaction to sentencing should not be a factor in sentencing, even where there is likely to be, or is, severe psychiatric effects."

He said Duclos was suffering from "mild depression" and was not affected by mental illnesses when she carried out the thefts.

"We have to be very careful about elevating the personal circumstances of this individual and losing sight of the crime that was committed," he said.

"We have a very serious crime before the courts, one of sophistication which occurred over a period of time."

Assistant Justice Wade-Miller adjourned the sentencing hearing until tomorrow to allow Mr. Wolffe to conclude his arguments.