A 44-YEAR-old man who was seen rooting through bags in a back yard thought the property was empty and the bags had been abandoned.

Blackburn magistrates heard Glen Anthony Kennedy was so relaxed about his night time activities he stopped, sat down and had a cigarette, totally unaware the occupant and her son were watching him out of the window.

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Kennedy, of Spring Street, Accrington, pleaded guilty to theft. He was fined £75 with £100 costs.

Phil Turner, defending, said as far as Kennedy was concerned he was looking through rubbish that had been left behind when the occupants had moved out.

“Unfortunately it wasn’t his rubbish to root through,” said Mr Turner. “The offence of theft is made out even though he hadn’t gone in intending to steal something other people still valued.”