A BURGLAR has been spared jail so he can be with his family as they grieve for his baby son.

Stuart Cooke stole a computer screen and bottle of vodka from a student flat in Borough Road, Middlesbrough, on January 27.

The victim, University of Teesside student William Goodwin, had left the flat unlocked at about 5pm and when he returned an hour later he discovered the property was missing.

Security camera footage from the premises showed Cooke and another man entering the property empty handed and leaving with the stolen goods.

Cooke, 31, of Boswell Street, in Middlesbrough, pleaded guilty to the burglary when he appeared at Teesside Crown Court yesterday.

Stephen Constantine, mitigating, said that since the offence, Cooke's baby son, Callum, tragically passed away.

An inquest into the suspected cot death, on March 31, will be held tomorrow.

Mr Constantine said: "This has hit him extremely hard."

He said that the family has significant debt- including a £6,000 bank loan- and paid £2,000 for the baby's funeral and headstone.

Cooke has started working at a factory in Stokesley to change his family's fortunes and hopes to prove himself, Mr Constantine added.

The court heard that Cooke has a long list of convictions for shop lifting and two of burglary which would usually lead to a custodial sentence on the third occasion.

But Judge, Recorder Henry Prosser, said that since the tragedy it appeared Cooke has tried to turn his life around for the sake of his family.

He said: "Since you committed these offences a number of events occurred in your life, you have undergone serious family tragedy.

"It is quite clear to me that the effect upon you has been positive in one respect.

"You are clearly making a go of things at the moment .

"Because of that I'm taking a wholly exceptional course in your case and making a community order so you can keep it up."

Cooke was sentenced to a community order with 18 months supervision and must complete 100 hours of unpaid work within a year. He was ordered to pay compensation of £194.

*A second man awaits sentencing for his involvement in the burglary.