Four criminals have been spared substantial jail sentences because of an unexplained four-year delay in their case being brought to court.

The men used a stolen Saab as the getaway car in smash and grab raids on two stores in Wolverhampton and Stourbridge in less than two hours, a judge heard.

The car was abandoned in Hilton Street, Low Hill, an hour later after being spotted by the police helicopter  and within minutes four men were detained nearby. Bin bags full of the stolen cigarettes were discovered dumped in a hedge, Phillip Bradley, prosecuting, told Wolverhampton Crown Court.

Carl Hilton, David Price, Martin Steadman and Michael Stubbs were arrested on February 10, 2006, but did not appear in court  for sentence until yesterday. In the meantime Hilton and Price had been punished for the second of the raids, apparently without the knowledge of those involved in the preparation of the rest of the case, the court heard.

Judge Martin Walsh told the four, who all admitted conspiracy to burgle: “Vehicles were stolen to facilitate the burglaries and these serious offences would ordinarily have resulted in substantial immediate sentences of imprisonment.

“But there has been a delay in this case coming to court that has not been explained to me and that is a significant factor in my deciding that it is not necessary to send each of you to custody now.”

The masked gang raided One Stop, in Norton, Stourbridge, at 1.30am on February 10, 2006, armed with a sledgehammer and escaped with cigarettes and tobacco.

Two hours later the thieves struck at the Co-op shop in Pendeford, smashing the metal shutters and stealing more cigarettes.

Lawyers for the four said the delay in the case was unnecessary and could not be explained.