A MASKED man who broke into a Chinese restaurant and spent hours rummaging around was found fast asleep on the floor, a court heard.

After using a fire extinguisher to smash his way into The Chinese Buffet at Feethams, in Darlington, Michael Nathaniel Simmons carried out an untidy search of the premises before stopping to make himself a soft drink and eventually falling asleep.

Police who arrived to investigate the disturbance noticed a pair of legs through a doorway before going on to discover the 46-year-old passed out on the floor wearing a balaclava.

Paul Doney, prosecuting, said the incident was caught on CCTV in its entirety and amongst the things taken by the defendant was a calculator, a radio and a charging cable.

He said: “At 9pm police attended The Chinese Buffet in Darlington after reports of a burglary. Upon arrival they found a fire exit leading into the foyer open and a restaurant door smashed.

"They could see lots of mess inside like there had been an untidy search. On entering they could see the legs of a person through a doorway - the defendant was face down on the floor wearing a balaclava.

"Police removed the balaclava to try and rouse him and immediately identified the defendant."

CCTV footage showed Simmons entering through the fire exit before swinging a fire extinguisher backwards and forwards to smash through a glass panel in the entrance door.

He searched behind the bar area, the kitchen and an office whilst also filling his pockets with items such as a HTC mobile phone, a pen knife and a calculator.

Simmons, of Severn Way, Darlington pleaded guilty to one count of burglary theft and another of obstructing an officer in execution of their duty on Wednesday.

He has 38 previous burglary convictions.

Stephen Andrews, mitigating, said his client didn’t break in to steal anything, but rather to find somewhere to sleep.

He said: “His situation is rather a desperate one. He was released from prison in August and has been unable to find stable accommodation since.

"On that day he had been drinking with friends and he found himself, again, without anywhere to spend the night.

"He was cold and he was tired and he entered the premises to find somewhere to sleep.

"He likes a drink and I'm surprised he didn't leave with bottles of beer and wine, but that was not his intention."

Simmons was sentenced to 12 weeks in prison suspended for 12 months.

He must also pay £280 compensation.