A man has been spared jail after breaching a restraining order for a third time.

Derek Rutherford, 45, of Solway Road, Whitehaven, pleaded guilty to charges of breaching a restraining order and committing an offence while subjected to a suspended prison sentence.

West Cumbria Magistrates' Court was told that Rutherford had sustained a serious brain injury in February which had affected his memory.

On July 18, Rutherford entered the home of his ex-wife, Paula Rutherford, which a restraining order banned him from doing.

Mrs Rutherford had been in the bathroom when she heard the front door open. She came out to find Rutherford was lying in her bed.

Diane Jackson, prosecuting, said this was the third breach of the restraining order.

The court heard that the day before the incident, Rutherford had been hospitalised after suffering from a seizure but had later discharged himself.

Karen Tunnacliffe, defending, said: "Mr Rutherford was not of his right mind at the time of the offence. He discharged himself from hospital and was on auto-pilot. He didn't know what he was doing. He has little or no recollection of the incident."

Rutherford's probation officer said he was confused and believed he still lived at the address.

A second offence took place on July 26, in Aldi, Whitehaven.

Rutherford had urinated on the floor and on the door of the supermarket.

Police were called and he was found collapsed on the ground.

Rutherford pleaded guilty to disorderly behaviour.

Magistrates decided not to activate the suspended prison sentence.

Rutherford was given a 12-month community order and must complete an alcohol treatment requirement.

He was given a 90-day prison sentence, suspended for 18 months.

He was also fined £120 and ordered to pay £85 costs and a £90 surcharge to fund victim services.