A burglar was told that magistrates were getting to the limits of their power in sentencing him because they could not send the case to crown court.

John Paton, of Beach Way, Jaywick, admitted one count of burglary and another of making criminal attempts to obtain money by deception when he appeared at Colchester Magistrates' Court.

Verity Evetts, prosecuting, said some time between November 6 and 26 last year, Paton had broken into another house in his road by breaking a pane of glass in the front door.

She said electrical items, including a television and a PlayStation, were taken, along with food.

In a police interview, Paton claimed he had never been inside the property. But later he admitted taking the items, worth about £500, when he was told blood found at the scene matched his DNA.

The court also heard on April 19, Paton had taken a child benefit book into Jaywick post office and tried to cash two cheques worth a total of £81.90.

Staff realised it wasn't his book and refused to hand any money over.

After hearing Paton had a long history of dishonesty including robbery and dwelling burglary, magistrates said because of a previous bench's decision, their hands were tied and the case could not be sent to the crown court.

Paul Van Schaik, mitigating, said Paton knew the address he burgled was a holiday home and would be unoccupied.

He said Paton had a grievance against the intended recipient of the payment book, and it was an opportunist offence.

Sentencing Paton, magistrates said: "We are working towards the limits that we have."

For the burglary he was ordered to spend four months in prison and for trying to obtain money by deception he was locked up for a further two months, to run consecutively.

Published Thursday, February 3, 2005

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