A TEENAGER has avoided jail a day before his birthday after breaking into a terminally ill man’s home while he was hospitalised.

Nathan Stear, 19, was sentenced on Thursday (July 18)at Oxford Crown Court for one count of dwelling burglary with intent to steal and breaching a community order.

The court heard that Stear, who turns 20 on Friday (July 19), had broken into the home in Valley View, Lower Heyford, near Bicester, on April 17 this year.

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He, along with a co-defendant, had been caught by an off-duty police officer, who was a family member of the victim, attempting to steal food items from the fridge and freezer.

Handing him a 12-month prison sentence, suspended for 18 months, Judge Nigel Daly said: “As you will appreciate, going into other people’s houses and taking property causes great deals of upset.

“Domestic burglaries are very often met with an immediate custodial sentence. The value of the property in this case is minor.

“There are aggravating features, particularly you previous convictions which for your age are quite extensive and cause me considerable concern.”

During the sentencing, it was heard that the victim had recently been hospitalised but his family were maintaining his property with the hopes he would return for palliative care.

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Stear, along with a co-defendant who allegedly knew the property well, climbed over the back fence and moved the security camera out of view.

They were then seen by a neighbour moving around in the kitchen and the police and the victim’s family members were called.

The pair were arrested at the scene by the off-duty officer, who was related to the victim.

A bag was found filled with frozen food items and money boxes in the living room had been ‘disturbed’.

The pair had also been smoking cannabis in the property – Stear has already been fined for possession.

Stear has nine convictions for 22 previous offences. He was found guilty of the burglary after a trial at Oxford Magistrates’ Court on May 30 this year.

Defending Stear, his barrister said he didn’t know the victim was in hospital and he ‘wants to express how sorry he is’.

“He made a mistake and he is incredibly sorry,” his barrister said.

It was heard he was allegedly helping at his co-defendant’s request.

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His co-defendant is due to stand trial for the offence later this year.

Stear, of Pioneer Way, Bicester, was also ordered to complete 30 days of an accredited programme and five rehabilitation activity days.

He will also need to complete a mental health treatment requirement.