A burglar who helped ransack an 87-year-old woman's home while she slept upstairs walked free after a judge enforced controversial new sentencing guidelines.

David Wheeler, 22, was high on heroin when he and two friends broke into the home of housebound pensioner Florence Friend and stole her jewellery.

Sentencing him at Lewes Crown Court, Judge Anthony Scott-Gall said he would normally have sent Wheeler to prison "without hesitation".

However, in light of new guidelines issued ten days ago by Lord Chief Justice Woolf, he said he was bound to order Wheeler to complete a two-year community rehabilitation order instead.

On December 20, the Lord Chief Justice announced first-time burglars should not be sent to prison, prompting protest from victim support groups.

He said judges should use community-based punishments wherever possible.

The court heard Wheeler, of Quarry Close, Burgess Hill, went to the house where Ms Friend lived alone during the night of September 22, 2001.

He admitted holding open a window to allow one of his two companions to get into her home and waited outside as the burglary took place.

Ms Friend woke the next morning to discover the back door ajar and her stereo system, jewellery box, jewellery, a carriage clock, handbag containing £32 cash and a box of chocolates missing.

Wheeler refused to give police the names of his accomplices and officers have not been able to recover any of the missing items, worth a total of £1,345.

Wheeler, a plasterer who recently became a father, was arrested a year after the offence, after police identified him from a fingerprint on the window.

Sentencing him, Judge Scott-Gall said he was bound by the Lord Chief Justice's recent ruling.

He said: "Burglary of anyone's house is a vile offence but for an 87-year-old lady who has no doubt led an exemplary life to be repaid by three drug addicts who crept into her house while she was fast asleep, stole her jewellery she had no doubt collected over 87 years and her stereo which she no doubt listened to for company, she no doubt feels utterly violated."

Wheeler was given a community rehabilitation order, during which he will enter a Home Office Think First programme.

Wheeler, who is now on a methadone programme to kick his heroin habit, was also ordered to pay £145 costs.

Wheeler's family declined to comment on his sentence.

Patrick Cutler, Liberal Democrat district councillor for Burgess Hill town ward, said: "There is absolutely no excuse for burglary, whether a person is on drugs or not.

"But if it was his first offence, if he was unaware it was the home of an 87-year-old and there were extenuating circumstances, there is a possibility he should not be sent to prison."