MAGISTRATES refused to slap an interim anti social behaviour order on teenage thief Sam Smith today week, after hearing that he suffers from Huntington s chorea – a hereditary disease of the central nervous system. The Crown Prosecution Service applied fo

MAGISTRATES refused to slap an interim anti social behaviour order on teenage thief Sam Smith today week, after hearing that he suffers from Huntington's chorea - a hereditary disease of the central nervous system.

The Crown Prosecution Service applied for the ASBO because Smith had admitted two shop lifting offences and one charge of assault.

But solicitor Roger Glazebrook opposed the move, saying that Smith's illness made him subject to mood changes, and anti-social behaviour, and such a court order would "set him up to fail."

The magistrates agreed, and instead decreed that 19-year-old Smith of West Walton Caravan Park should be banned from the Tesco and Asda stores in Wisbech. He was also given a six-month supervision order, and ordered to pay �125 compensation.

Asking for the interim ASBO, prosecutor Fred Sagoe said Smith had been threatening or abusive to supermarket staff, and the order was needed to protect shop workers from further harassment.

Smith had admitted stealing �69 worth of CDs, sweets and sausages from Asda on February 9, and stealing two hooded tops worth �48 from a Reebok shop in Spalding on February 4. He also admitted being in breach of a conditional discharge imposed for the theft of a security guard's radio at Tesco, and admitted assaulting a man in King's Lynn.

Mr Glazebrook said Smith suffered from ADHD, attention deficit hyperactivity disorder, as well as Huntington's disease.

An application for a full ASBO on Smith is due to be heard by the court on March 31.