A man sentenced to six months' imprisonment for retrieving lost golf balls from course lakes yesterday had his jail term quashed by the Court of Appeal.

Two judges in London imposed a two-year conditional discharge, meaning that John Collinson, 36, from Chorley, Lancashire, who was released on bail on May 3 pending the appeal moves, does not have to return to prison.

Collinson was jailed at Leicester Crown Court on April 25 after being found guilty of theft. He served nine days of the sentence before being released on bail.

After yesterday's ruling, Collinson, who is known to his family by his middle name Mark, left London's Law Courts with representatives of a national newspaper. A member of his legal team described him as "a very happy man".

Collinson was convicted of one count of theft and one of going equipped for stealing.

His defence was that the balls were abandoned and there was no dishonest intent in retrieving them.

Leicester Crown Court heard how Collinson donned wetsuit and flippers and went on nocturnal diving expeditions to collect balls and sell them on.

At the Court of Appeal yesterday, the judges agreed with Collinson's barrister that the sentence was "disproportionate" to the offence and a non-custodial sentence was more appropriate.

But Lord Justice Potter warned that the court did not regard the offences as trivial and its decision to impose a conditional discharge was not a "let-off".

Collinson has lodged an appeal against his conviction.