AN 86-year-old landlord who was put on a curfew for burgling his tenant's home has told a court he is not going to be electronically tagged and would rather go to prison.

George Atkinson, of St Margarets Gardens, Melksham, said he would rather face a jail term, after failing in a bid to have to the electronically monitored night time restriction lifted.

The outburst from the pensioner, who uses a wheeled walking frame to get about, came after he failed to succeed in an appeal hearing at Swindon Crown Court on Monday (feb 20).

Colin Meeke, prosecuting, told how Atkinson, who has never been in trouble with the police before, took part in the raid in October 2015.

He said the victim came back to his flat on Westminster Road, Westbury, to find his 32-inch Sony TV and kettle had gone missing.

He contacted the police and they found CCTV footage of his landlord and another man going to the property.

The court heard the pensioner had given Ian Joad, another of his tenants, a lift to the flat as he said he was owed money by Allan Finlayson.

When they got there and found no one home the landlord used his key to let them in and he said the other man took the items to settle the debt.

Mr Meeke said the pensioner had let himself in and taken items in the past over another dispute, but they were returned so the police were not involved.

Atkinson was convicted of burglary by magistrates following a trial in September.

As a result he was put on a four-week 7pm-7am curfew and told to pay £260 in costs and compensation.

"I am given to understand that he refused a tag. That he has not paid any of the money," Mr Meeke told the court.

Representing himself, Atkinson said another of his tenants had come to him and told him that Mr Finlayson owed him £80.

After driving him to the flat and letting him in he said Joad, who was also convicted of burglary and put on a suspended sentence, left a note for the victim.

"I just thought they were two mates and they were to sort it out themselves," he said, adding he thought his sentence was 'excessive'.

He told the court that he had refused to have the tag fitted because he wanted go to a wedding in London and also visit his son's grave.

Judge Tim Mousley QC, sitting with magistrates, dismissed the appeal, saying they found nothing wrong with the sentence imposed.

He said "Mr Atkinson, we have considered your case carefully and we have come to the conclusion that, bearing in mind all the circumstances of the case, and your personal circumstances, and the sentencing guidelines, that the sentence imposed by the magistrates in the court below can't be criticised.

"A careful examination of the sentencing guidelines indicate it was towards the bottom end."

After hearing the sentence being upheld Atkinson said "What is the alternative? A week or two in prison. I am not going to be tagged."