A BURGLAR who started a private prosecution against a home owner for assault has been jailed for two and a half years for another break-in.

Anthony McCoy will serve the sentence concurrently to the two years he received for the previous offence.

Before being returned to prison, 35-year-old McCoy promised a judge that his burgling days were over.

“At the time of the offence I was high on drink and drugs and did not know what I was doing,” he said. “I have addressed my problems. I have lost my fiancée and home.

“I promise you I will never find myself before the court again. I don’t wish to live my life like this any more. The game for me is up.”

McCoy was serving his sentence for burgling a house in Seaside Avenue, Minster, Isle of Sheppey, in November 2001, when DNA evidence showed he had also broken into the home of an elderly woman on April 12 last year.

Peter Gower, prosecuting, said McCoy got into Anita Grossman’s home in Boughton Lane, Maidstone, while she was there but fled empty-handed.

The 78-year-old victim had been too frail to attend Maidstone Crown Court but after legal argument McCoy pleaded guilty.

Silas Reid, defending, said McCoy had been working towards his release date, which could have been as early as April 29 with tagging.

“Another sentence will be a long sentence for him because it will put his plans back,” he said. “This is a man who can be given a sentence which, on the face of it, may seem surprisingly short.

“This case has had a hard impact on him. Were it not for this case he would have been in an open prison. He is so far away he cannot receive visitors.”

Mr Reid said McCoy knew that if he offended again he was facing a mandatory three-year sentence.

“He is a dramatically pessimistic man, in some ways a broken man,” he said. “He has a few words he wants to say.”

McCoy said from the dock: “I am very sorry for the aggravation I have caused to the lady in this case. I only hope she can forgive me. I would also like to say that I know what I did was so very wrong.”

Recorder Laurence Lobo told McCoy, of Frognal Lane, Teynham: “What you did was obviously very wrong. I appreciate you are sorry and ask the lady for forgiveness. I am sure you are genuine in that.

“But there are times when you have to account for your own actions. No-one else will do it for you. I have to punish you not only for what you have done but to have regard for the public at large.

“If they have elderly relations like Mrs Grossman and people break into their houses and are caught, they will receive severe sentences.”

In the previous burglary McCoy and another man stole £1,200 worth of property, including antique watches, and caused about £1,000 worth of damage.

Owners Len and Jackie Johnson had just popped out for 15 minutes to take their son to a judo class. They arrived home to find one of the men staring at them from a bedroom window. Mr Johnson, 37, gave chase along the cliffs and detained McCoy until the police arrived.

Before he was sentenced, McCoy launched a prosecution claiming he had been assaulted by the self-employed carpenter.

Magistrates gave him permission to continue with the case and a trial date was set. But the Crown Prosecution Service took it over and then announced it was being dropped.