A BURGLAR who had denied breaking into a house owned up and changed his plea after he saw the victim sobbing in a witness box.

Burnley Crown Court heard how Keith Kavanagh, 34, relented after he saw the woman's distress as she gave evidence against him -- and didn't want her to face being cross-examined.

The victim, whose daughter spotted Kavanagh leaving the scene and who lost property of sentimental value, had known him for several years.

Kavanagh was sent to jail for 18 months by Recorder Graham Wood, who said the defendant was perfectly aware of the misery such behaviour caused householders. The judge added the evidence against the defendant had been 'pretty overwhelming.' Kavanagh, of Princess Street, Nelson, admitted burglary.

John 0'Shea, prosecuting, said last New Year's Eve, victim Joanne Starkie, was returning to her Nelson home with her daughter at about 8.55pm when the six year old said something to her as she parked the car.

Miss Starkie then saw Kavanagh coming from the pathway of the house next door.

He was carrying something and the victim, who had been to school with the defendant's brother, had a clear view of his face and recognised him.

She went into her home and immediately discovered she had been burgled. A lot of property, including jewellery, was missing and Kavanagh was later arrested. He denied it was him but was picked out in an identity parade.

Roger Baldwin, defending, said Kavanagh changed his plea as a result of seeing the upset he had caused to the victim.

That had brought home to him the seriousness of what he had done.

His sister had offered a home and squre meals after he had been living hand-to-mouth and he did not admit the offence at the beginning because he was afraid he had let her down badly.

His sister genuinely believed he had not done it.

Kavanagh was not an habitual burglar. He had been desperate after having no cash at Christmas and New Year and told his sister he was going to his house to see if his Giro had come.

Mr Baldwin added the defendant, who had been diagnosed as having deep vein thrombosis in May, bitterly regretted what he had done.

He knew custody was inevitable, had learned his lesson and would not be doing such a thing again.