A couple who spent over £27,000 on the high life by cheating an Evesham bank out of the cash have avoided prison sentences.

Judge Richard Rundell told Andrew and Gillian Malin that in past times they would have gone straight to jail.

But he said prisons today were "bursting at the seams" and custody was only necessary for the worst crimes.

He ordered the husband to perform 200 hours of unpaid community work and gave the wife a nine-month jail term, suspended for 12 months.

The couple lived in Withytrees Road, South Littleton, near Evesham, when they took advantage of a solicitor's error on a mortgage and were overpaid by a house buyer, said Trevor Meegan, prosecuting.

The loss to the Evesham branch of the Nat West bank totalled £27,943.

The couple then went on a spending spree, travelling in Spain, the USA and renting a cottage in France.

When all the money had gone, the couple - both of previous good character - split up.

Mrs Malin, aged 41, is now living with her parents in Widnes, Cheshire, and caring for a teenage child.

Her 35-year-old plumber husband lives in Towcester, Northants, with their six-year-old son.

Worcester Crown Court heard that only £1,100 of the money had been repaid to the bank.

The husband pleaded guilty to theft at an early stage. The wife was convicted by a jury of a similar offence.

Tom Walkling, for the husband, said he was jobless at the moment. He was facing being sued by the bank for the outstanding loss.

Kate Iliffe, for the wife - who sobbed throughout her court appearance - said she still denied the offence but had acted in "a naive way to make the most of an error".

She had been terrified of going to jail and had suffered severe headaches.

The judge said he recognised that the husband bore "the lion's share" of responsibility for the crime.

He said the wife was unable to do community work because of her ill health.