A HEROIN addict burglar who threatened to stab a householder who confronted him has walked free from court.

Lee Joshua was caught as he was clambering through a kitchen window of the town centre home at about 11.30pm.

Rather than fleeing, the burly 35-year-old told the startled occupant that he was going to stab him.

But after hearing Joshua had not burgled a house for eight years and was trying to get off drugs a judge decided not to send him to jail.

Colin Meeke, prosecuting, said householder Glyn Buckley was upstairs at his home on Rosebery Street on Monday, May 21 when he heard a noise downstairs.

"Thinking it was a family member he went downstairs to see what was going on," he said.

"Coming downstairs to the living room he saw the defendant halfway through the kitchen window on the way in. He was in a state of shock and didn't say anything.

"The defendant completed his entrance to the property and walked towards Mr Buckley.

"In a state of shock he saw the defendant reach with his right hand to his jacket pocket. Mr Buckley pushed him away from him by his forearm and ran upstairs.

"Mr Buckley's words were I didn't know if he had a knife but I wasn't going to call his bluff and find out'."

Joshua was arrested the following afternoon when he was spotted behind the wheel of a car despite being banned from the road.

He said he was desperate for heroin and had been told the premises would be unoccupied.

Mr Meeke said Joshua had a long history of offending with dwelling house burglaries in 1993 and 1999 and a number of driving while disqualified convictions.

Joshua, of Cricklade Road, pleaded guilty to burglary and driving while disqualified.

Rob Ross, defending, said his client had been granted bail after being arrested but asked to be remanded in custody as he was struggling with his heroin addiction and is now drug-free.

Mr Ross said: "The description of the burglary shows how cack-handed it was. It was almost Keystone cops-ish."

Although he could not recall threatening to stab the householder he said he tried to scare him off so he could flee the scene.

The judge said "The courts have always got to see if there is a more practical and realistic way of dealing with people like you.

"You have been a drug addict for many years and had not a great deal of help over that time. Had you been a persistent dwelling house burglar you would have gone inside today."

Instead he imposed a 12-month sentence suspended for two years and ordered a 15-month drug rehabilitation order and banned him from driving for a year.

As he left the dock Joshua said "Thank you for giving me a chance your honour."