by Keith Hunt

A judge let a repeat burglar off being jailed because he wanted to take a "holistic" approach.

Judge Philip Statman had said the 23-year-old John Waller, from Snodland, richly deserved to go to prison.

But instead, he said: "I will monitor your progress. It will put you in a position where you are answerable to me."

Waller had admitted one burglary and asked for two others and an attempted burglary to be taken into consideration.

Judge Statman added: "If I pass a custodial sentence within a matter of weeks you will be strutting around in the street.

"I am going to take what judges call a holistic approach."

Maidstone Crown Court heard Waller and another man broke into a house in Albert Street, Maidstone, on July 17 and stole a mobile phone, games and a laptop computer.

The other offences were committed in the Maidstone area, including Wateringbury and Marden.

Judge Statman said Waller had a bad record as a juvenile and had committed a multitude of offences.

In 2007, he was sentenced to 15 months youth custody for robbery.

Waller, of Norman Road, would be subject to supervision for 18 months and there would be "an intensive intervention package".

He would be electronically tagged under a curfew for six months. He will also have to attend a "behavioural programme".

"If you do well on my order, I will give you every encouragement," said Judge Statman.

"If you break it and fail to attend any appointment or comply with any aspect of my order, you had better pack your toothbrush because I will send you straight to prison.

"I will tell you this: It is a chance of a lifetime. Break my order and there will not be any other chance."

The judge added Waller would return to court to review his case every month.

John Fitzgerald, defending, said Waller had split up with his girlfriend at the time of the burglaries and was exploited by an older man "of stronger mind".

He was now back with his girlfriend and she was three months pregnant. He had been on a curfew for 95 days.

Mr Fitzgerald said he had told Waller if he received a suspended sentence he would be most fortunate.

Judge Statman said Waller deserved to go to prison for 12 to 18 months, but he was faced with a sentencing dilemma.

He was asked to take a merciful course, he said, but got little encouragement from Waller's past record.

"If I pass a community order and you break it, I can send you to prison for a substantial time," he said.