A HEROIN addict who twice burgled his brother's house has been given a second chance by a judge.

Kyle Milsom broke in and crept into his sibling's room as he slept on one occasion to steal cash to fund his heroin habit.

And two months later he broke in again on Christmas Eve making off with a games console and cash belonging to a friend of his brother who was staying with him.

Swindon Crown Court heard that the 25-year-old had previously burgled the home of his mother as he sought to support his addiction.

He has been put on a drug treatment and testing order to stop the need for his offending.

Joanne Lucas, prosecuting, told the court that Milsom had been living with his brother Ashley at Sheerwold Close, Stratton, on and off for six months last year.

"There had been ongoing problems between the brothers during the stay and on October 3 last year Ashley told him he was no longer welcome, asked him to leave and took his keys from him," she said.

"Later on Sunday, October 10 Ashley returned home at about 4am and left his jeans at the side of his bed with his wallet in the pocket.

"He awoke later that day and couldn't find his jeans. He later found them behind the door of the bedroom previously occupied by his brother. His wallet had gone and £60 cash was missing."

She said that Ashley's partner told police that she had disturbed her boyfriend's brother in the house that day.

On the same day Ashley noticed that his car, which was parked outside, had moved slightly, the petrol gauge had gone down and the driver's seat moved.

Miss Lucas said a friend had moved in to Ashley's house in November but on Christmas Eve was asleep in bed and the only person in.

When he woke he found the door had been opened and a PlayStation Two console and games missing along with his wallet with £15 cash and some cigarettes.

However the thief's DNA was recovered from a butt left in an ashtray and he was arrested.

Milsom, of Hatherleigh Court, Swindon, admitted two burglaries, taking without consent and theft.

Rob Ross, defending, said that all of the offences of dishonesty had been committed to raise cash to fund his drug habit while he 'borrowed' the car to go and buy heroin.

He said that his client had been clean of drugs since March this year and been in custody for more than three weeks.

Mr Ross said that for the first burglary he had thought he still had permission to be in the house but accepted he was not allowed in his brother's room.

Passing sentence Recorder Nigel Jones QC said "Your treatment of your family is such as to leave me almost speechless."

Imposing a six month drug treatment and testing order, an 18 month probation order and six month motoring ban he told him the decision was 'a very close run thing'.

Tamash Lal