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Last Updated: Wednesday, 10 January 2007, 10:11 GMT
Asbo call over bedroom intruder
A judge has called on police to take action after a court was unable to prosecute a man who entered a woman's house in Lancashire.

Dean Marie, 40, went into the house in Padiham, put on women's clothing and performed a sex act on the woman's bed, Burnley Crown Court heard on Tuesday.

The prosecution could not prove Mr Marie, of Colne Road, Burnley, had any intention of stealing anything.

Judge Andrew Gilbart said it was "a classic case for an Asbo".

No-one is happy with this outcome but there is nothing I can do through the criminal courts
David Pickup
He added: "I expect the police to apply to the magistrates' courts for such an order within a month."

He said the defendant had "intruded appallingly on someone's privacy" but the only power he had was to bind him over for the sum of 100 to be of good behaviour for a year.

Judge Gilbart ruled that a not guilty verdict be entered, saying the offence of burglary needed to show an intent to steal and there was no such evidence in this case.

The court was told Mr Marie broke into the woman's home last July as a trespasser without causing criminal damage. He was said to be carrying a piece of metal piping.

He went into her bedroom and performed a sex act on her bed, also touching some of her personal belongings.

The woman, who was not in at the time, was so distressed she had to move home, she had trouble sleeping and she was concerned for her safety of herself and her eight-year-old son.

David Pickup, for the prosecution, said he could not find an offence for the case to proceed.

"No-one is happy with this outcome but there is nothing I can do through the criminal courts to pursue this matter," he said.

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