Awakened by a rustling noise during the early hours, a Galashiels resident found a thief in his home.
Challenged by the householder, the culprit dropped his spoils and fled outside where the man saw his own car speeding away.
At Selkirk Sheriff Court (pictured) on Monday, 38-year-old Leon Murphy was jailed for 13 months, while co-accused Paul Crowe, also 38, was sentenced to 10 months’ imprisonment for the vehicle theft.
Murphy admitted breaking into a flat at St Andrew Street on January 25 and stealing a watch, wallet and contents, house keys and car keys. He was jailed for 12 months, with a further month for committing the offence while on bail.
Crowe pleaded guilty to stealing a vehicle from outside the flat, and driving it without a licence and insurance around Galashiels. He was also banned from driving for 12 months.
Both men, described as prisoners in Edinburgh, had their jail terms backdated to January 27.
Prosecutor Tessa Bradley told how the householder returned home the previous evening, left his car parked outside and locked his house door before going to bed. At 2.20am he woke to a “rustling noise” which he initially thought was coming from outside.
Ms Bradley went on: “He heard it again and realised there was someone in his house.” He saw a light in the living room and – “to his alarm” – found three people in the room.
Murphy was in the process of putting Playstation games into a plastic bag which he dropped when challenged by the householder and made for the front door.
“The man lifted two screwdrivers and headed out after them. He saw a car speeding away and noticed his car was missing,” added Ms Bradley.
The following morning, the man was at his front door when he saw his vehicle drive past and turn into a nearby car park. He recognised the man in the vehicle as the one who had been in his flat and, as he was phoning the police, saw Crowe get into the vehicle and drive off.
Police saw the car in the B&Q park in Galashiels 30 minutes later, and both accused were found inside the store and arrested.
Murphy’s solicitor said his client’s “20-year heroin problem” lay behind the offence.
For Crowe, Ross Dow said his client had “distanced himself from the house-breaking, but later on got the keys for the car”. The lawyer added: “He must have known he would get caught as he was driving about in Gala.”
Sheriff John Halley said both men had “significant records” and adjourned over lunch to consider matters.
He told Murphy: “You have a significant and concerning record, disclosing a previous conviction for housebreaking just in July 2012. I have considered your underlying drug issues, but, against the background of your record, there is no alternative to imprisonment.
“It must be a truly terrible thing for a person to wake up in the middle of the night and discover people in his house, and I view this as a very serious matter.”
Sheriff Halley told Crowe: “The theft of the car seems to be linked to the circumstances in which you appear to have known that a housebreaking was going on, and I view that as an aggravated element.”