A maximum fine was handed down to a 48-year-old `panty thief' in Magistrates' Court on Wednesday.

Wendell Herbert Simmons, of Crossend Lane, Warwick, pleaded guilty to stealing 18 pairs of women's underwear from the Paget outlet of Trimingham's.

Police found 15 pairs of women's underwear which had been hidden in a paper bag in the parking lot adjacent to the store on March 10, last year.

A store manageress told Police she suspected a man who had been in the store earlier. Police found Simmons in the Modern Mart next door and he admitted, "I took them for my girl''.

Three additional pairs of ladies underwear were found under Simmons' sweater when Police searched him later; they were subsequently found to have traces of semen on them.

Despite the fact that Simmons had at least one previous related offence, lawyer Larry Mussenden asked for leniency on his client's behalf. He told the court Simmons was dealing with alcohol and financial problems which had put him under a great deal of stress.

Mr. Mussenden also said his Simmons was so intoxicated on the day of the theft that he didn't recall what had taken place.

Magistrate Edward King asked Crown counsel Oonagh Goodred to show a list of offences to Mr. Mussenden and ask him if "this was out of character''.

"Because a dog only bit someone last week, does that establish this dog has never bitten people in the past?'' he asked.

Despite this statement, Mr. King elected not to sentence Simmons to a jail term: "The only reason I'm not giving a prison sentence is because in this circumstance I treat you as though you were a first offender.'' Simmons was fined $250 for theft and given until Friday to pay or face 28 days in prison.