A burglar has walked free despite the misgivings of a judge who said such a crime was “repugnant” to victims and right-minded members of the public.

Robert Jarrett had spent three months in custody before Judge Jeremy Carey was persuaded to impose a community order with supervision and a curfew.

Addressing the 54-year-old widower’s alcohol problems, he said, could only go so far as the public thought it repugnant that someone should be allowed to avoid imprisonment for their criminal activities.

Maidstone Crown Court heard Jarrett, of Hollingworth Road, Maidstone, and another man burgled a house in Magpie Hall Road, Chatham, on November 2 last year.

Jane Scotchmer, prosecuting, said the owner had moved out but was returning from time to time to remove property.

Jarrett was caught red-handed. Police saw him behaving suspiciously near the house, carrying a holdall and computer. The other man was in the garden.

Officers searched the bag and found electrical items stolen in the burglary. More property was in his pockets.

Miss Scotchmer said Jarrett starting spitting at officers and told them he was going to give them Aids. He was drunk at the time and had no recollection of committing the burglary.

All the property, worth about £500, was recovered.

Louise Oakley, defending, asked the court to take an exceptional course and impose a community order.

Miss Oakley said Jarrett started offending again after a gap following the death of his wife of 16 years.

“The question is whether this court feels able to give him what some would say he doesn’t deserve, a final opportunity,” she said.

Judge Carey said Jarrett, who admitted burglary, had behaved in an “anti-social and reprehensible way”.

But a probation report recommendation could be followed and a community order imposed.

“I hesitate to reach that conclusion because I have very much in mind the need the public has for domestic burglars to be sentenced to imprisonment straight away,” he said.

“I give you the clearest possible warning this is your last opportunity.”

Jarrett will have to do 150 hours unpaid work. The curfew from 9pm to 7am, with electronic monitoring, will be for three months.