'Golf Ball One' has jail term quashed

A man sentenced to six months' imprisonment for retrieving lost golf balls from course lakes today had his jail term quashed by the Court of Appeal.

Two judges in London imposed a two-year conditional discharge, meaning that John Collinson, 36, from Chorley, Lancs, who was released on bail on May 3 pending the appeal moves, does not have to return to prison.

Collinson was jailed at Leicester Crown Court on April 25 after being found guilty of theft by a jury. He served nine days of the sentence before being released on bail.

Collinson, who is known to his family by his middle name Mark, was present in the dock as Lord Justice Potter and Mrs Justice Lafferty announced their decision.

Later, Collinson was released from the cells at London's Law Courts. He declined to comment to reporters.

A member of his legal team described him as "a very happy man" after the sentence was quashed.

Collinson was convicted of one count of theft and one of going equipped.

His defence was that the balls were abandoned and there was no dishonest intent in retrieving them.

Leicester Crown Court heard how Collinson donned wetsuit and flippers and went on nocturnal diving expeditions to collect balls and sell them on.

The conviction came after he was caught with balls collected from the lake at Whetstone Golf Club, Leicester.

At the Court of Appeal today the judges agreed with Collinson's barrister that the sentence was "disproportionate" to the offence and a non-custodial sentence was more appropriate.

But Lord Justice Potter warned that the court did not regard the offences as "trivial" and its decision to impose a conditional discharge was not a "let-off" and should be seen as a deterrent to further clandestine night-time operations.

Collinson has also lodged an appeal against conviction.

If leave is granted to bring the appeal a hearing will be held at a later date.

Most watched News videos