A MAN who had been celebrating his brother's birthday stole a kitten from a pet shop - because she was being scratched by other cats, a court heard yesterday.

Martin Dean Oxley, who was a regular customer at the shop, pleaded guilty to the theft of the eight-week-old kitten when he appeared in Darlington Magistrates' Court.

Oxley, 20, took the kitten from Forever Pets, in Royal Oak Yard, Darlington, on May 1.

Following the theft, shop owner Adrian Roberts, who opened the business at the start of the year, made an appeal in the Northern Echo for her safe return.

Oxley, who had been with friends when he took the kitten, was arrested last week.

Peter Smith, prosecuting, said Oxley, of Tristram Avenue, Darlington, was a regular visitor to the store and he did not arouse any suspicions when he came in, the court was told.

Mr Smith said Mr Roberts was alerted to the theft when the group left by one of his staff.

Mr Smith added: "He and his friends had taken the kittens out of the cage in order to stroke them and one of the people handed him one of the kittens and said he felt sorry for it.

"It was the only female in the cage and was being scratched by the others.

"He concealed it in his coat and took it."

Graham Hunsley, mitigating, said Oxley had had about eight pints during the afternoon to celebrate his brother's 18th birthday.

Chairman of the magistrates Roland Pearson said: "It was rather a stupid thing to do."

Oxley was given a 12-month conditional discharge and ordered to pay £60 costs.

Commenting on the sentence, Mr Roberts said: "It is lenient. But if it is too lenient, kids will keep on doing it."

He said Oxley regularly came into the shop and Mr Roberts could not understand why he had done it.

Mr Roberts added: "He is no bother.

"I hope he doesn't do stupid things again."

The kitten has now found a home.

Her owners have called her Harley - which is short for harlequin - because of her tortoiseshell colouring.