A thief went into the back yard of a house looking for something to steal and found the body of the owner that had lay undiscovered for days.

James Morrison, 31, had been searching yards in the area of Rainton Street, Sunderland, in the hope he would find a bicycle which he could steal and sell on.

But Newcastle Crown Court heard he found a door at one of the properties was unlocked, and when he peered inside he saw the body of an elderly woman lying inside.

After telling the police what had happened, Morrison was charged with burglary and could have faced years behind bars.

But a judge yesterday sentenced him to an absolute discharge after he admitted a lesser offence because of the "public spirited" way he behaved after the find.

The court head Morrison found the body of the elderly dementia sufferer on August 22 last year. After panicking and running home, he contacted the police.

Tom Moran, prosecuting, told the court: "He went home first of all, then reflected on matters and telephoned the police."

Morrison agreed to meet officers at the scene so he could show them what he had discovered. But when they arrived, he was arrested, interviewed and charged with burglary.

His case was at the crown court for trial yesterday but Judge David Hodson said he thought Morrison had behaved in a very public spirited way and advised prosecutors to reconsider.

Mr Moran said the charge would be changed to attempted burglary as it could not be proved he actually entered the house.

But Judge David Hodson said: "I don't think the public interest requires for him to be prosecuted for attempted burglary of this house where he discovered a body and reported it to the police."

Morrison, of Houghton Street, Sunderland, who is serving a six month sentence for shoplifting and being found in an enclosed premises, said he was willing to plead guilty to a charge of attempted theft.

He was brought back into court and, after he entered his guilty plea, was given an absolute discharge.