A drug addict and career criminal was given the opportunity for a fresh start yesterday after a Supreme Court Justice applied new principles of law - not yet in effect - to his burglary charge.

Lorenzo 'Toronto' Darrell, 35, of Random Lane, Warwick, pleaded guilty to a charge of burglary before Justice Charles-Etta Simmons.

Prosecutor Graveney Bannister told the court that Darrell had broken into the home of a couple undetected on February 14 of this year.

But the husband woke from his sleep and found Darrell in the bedroom - asleep at the foot of the bed.

The man then quietly roused his wife and escorted her from the room before calling 911, Mr. Bannister said.

When Police arrived on the premises, Darrell was still sleeping on the bedroom floor.

Mr. Bannister suggested that Justice Simmons consider a custodial sentence for Darrell and told the court Darrell had 27 previous convictions for breaking and entering dating back to 1985.

As Mr. Bannister ran through legal precedents for Darrell's sentencing, defence attorney Mark Pettingill dramatically laid out Darrell's Police record along the length of the long, narrow attorneys' table in Supreme Court.

Laid end to end, the sheets approached the edges of the dark wood.

"I've set half of his record on the table," said Mr. Pettingill as he began outlining mitigating circumstances. "The other half is in my hand. It could easily stretch across the room."

Mr. Pettingill then presented to Justice Simmons a copy of the Criminal Code Amendment Act 2001 which was passed in the Senate last week and will put into effect Government's new commitment to Alternatives to Incarceration (ATI).

Justice Simmons asked whether the Act was in effect and Mr. Pettingill said it was not, but would be shortly.

"The Criminal Code dating back to 1907 is a bygone," he said.

Mr. Pettingill argued that Darrell was a textbook case of the type of individual ATI is intending to address.

"Incarceration is not the answer for this man," he said.

Mr. Pettingill said that since the time of the burglary, Darrell has: secured a job, is intending to start the Turning Point drug treatment programme today, has secured a spot in the Camp Spirit programme for October, has begun to take responsibility for his children, became engaged to his girlfriend and is now drug-free.

"If he goes to prison today, he's back to square one," he said. "I'm begging the court not to lock him up."

Mr. Pettingill said he and his firm had taken a personal interest in Darrell and helped him secure a job with Butterfield & Vallis.

Mrs. Justice Simmons said she was prepared to consider the spirit of the new law although it was not yet in effect.

"I've considered a probation order because I was chairman of the Drug Treatment Court Recommendations Committee," she said. "Therefore, I'm well aware of the ideas and objectives behind the legislation."

Mrs. Justice Simmons sentenced Darrell to three years of probation with strict monitoring criteria.

She said Darrell would have to report any change of employment status or residence to his probation officer within 24 hours or the probation order would be void.

In addition, Darrell must begin drug treatment "immediately", she said, and should he test positive for drugs, he would be in violation of his probation.

Finally, Mrs. Justice Simmons imposed a curfew of 10 p.m. on Mr. Darrell for one year after which period his curfew would be left to the discretion of his probation officer.

She said she would allow certain exceptions for things like his wedding reception but generally the curfew should remain in place the first year.

"I know you can jive your probation officer if you want to but you can't jive the drug test. If you come in with dirty urine, you're back in prison," she said.

"I'm not going to fail," said a relieved Darrell.