A burglar who broke into a home evacuated on Christmas Eve because of flooding has walked free from court.

A judge said by suspending a six-month jail sentence on Ryan James for 18 months the public would be protected in future.

“I am taking a chance,” he told the 31-year-old, who has served six years youth custody for armed robbery. “It is in your hands whether you want to make more of your life.”

The house in Danvers Road, Tonbridge, was not occupied when James broke in because Alfred Jennings and his family had to move out when the ground floor was flooded by the River Medway.

“It is time to change your ways and put your past offending behind you. Everyone should understand you are not being let off because you are not immediately going to prison” - Judge Philip St John-Stevens

Prosecutor Mary Jacobson said builders were called in to carry out renovations.

Workmen turned up on February 17 last year and discovered the back door and brickwork had been damaged.

Property worth £3,500, including a handbag and jewellery, had been stolen.

James, of Langdale Road, Dagenham, Essex, was arrested after his fingerprints were found on a builders’ plastic rubble sack.

Miss Jacobson told Maidstone Crown Court James, who admitted burglary and will also be subject to a tagged curfew for six months, had 22 previous convictions for 37 offences.

Claire Davies, defending, said James had an appalling record, but there had been a gap in his offending.

“I ask the court to take an unusual step of imposing a suspended sentence, rather than what he has had before for offences of this nature,” she said.

“He said the offence was impulsive. He was on his way back from signing on. He got nosey and went upstairs.

“He was ashamed an embarrassed he went back to his old ways. He is at a crossroads. He has come prepared to go to custody.

“On this day, sadly, he couldn’t resist temptation.”

Judge Philip St John-Stevens told James: “I am quite satisfied it must be a custodial sentence. The question I ask is whether it can be suspended in all the circumstances.

“I see a man now of some maturity who is perhaps asking himself why he has got into trouble again. I accept there is real contrition and that you are sorry for what you have done.”

The judge added: “Those who burgle houses should expect imprisonment, but I also must reflect on the position that will best protect the public in future and limit any further offending, as well as punishment.

“It is time to change your ways and put your past offending behind you. Everyone should understand you are not being let off because you are not immediately going to prison.”

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