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A 21-year-old Stonehouse burglar with three young daughters wept in the dock when he escaped a prison sentence at Gloucester Crown Court.
James Matthews, of Juniper Way, had pleaded guilty to entering premises in Orchard road, Ebley, Stroud and taking a Motorola U525 mobile phone on January 4 this year.
Prosecutor James Wilson-Smith said: "An occupant of the house was sitting in his living room when he heard the patio doors in his dining room being opened.
"He went into the room and saw the defendant leaving through the doors and he gave chase tackling the defendant and a struggle ensued between them.
"That struggle was witnessed by the victim's two children aged nine and 12-years-old and his wife rang the police.
"At the scene a telephone was found that belonged to the victim and was charging in the dining room."
Lynne Matthews, defending, said her client had a very young family including a three-week-old daughter and he was needed to care for the family.
She said his problems stemmed from drinking and that since his arrest he had refrained from drinking unless he was feeling depressed.
"He is so ashamed," she said.
Judge David Ticehurst told Miss Matthews: "He has demonstrated he has not learnt from his previous bad behaviour."
She replied: "If he is taken away from his family he tells me he has very little worth living for.
"The court can choose to do something positive or can potentially destroy him."
Judge Ticehurst asked Matthews what he would wish to be done to the man who behaved this way in front of his children.
"I honestly don't know," Matthews said.
"You do know you just don't want to tell me," the judge retorted.
"I am going to do something that will surprise both you and your counsel and not send you to prison although it's a punishment you richly deserved," Judge Ticehurst said before giving Matthews a two-year community rehabilitation order.
"If you are brought in front of me again in the next two years, I will send you to prison. That is a promise, not a threat - you will go to prison.
"Don't ever dream of committing an offence again."
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