A THIEF with more than 100 convictions who was banned from most of Accrington was sentenced to jail after going to cash his Giro cheque in the town.
Burnley Crown Court heard how Michael Aspin, 26, was not allowed to go into Abbey Street, Accrington, but was caught on CCTV going into and leaving the post office there.
He had been sent to prison for eight weeks by magistrates after he was convicted of breaching an anti-social behaviour order.
But Aspin, who is now getting his benefits in Oswaldtwistle, was then given an absolute discharge instead after appealing against sentence.
Judge Raymond Bennett, sitting with two justices, said while it was a technical breach and had seemed a perfectly proper sentence, it had been quite hard for Aspin if the only place he could cash the cheque was Abbey Street.
He told Aspin, of Heys Lane, Oswaldtwistle, he hoped he would not cause misery to the people of Oswaldtwistle.
Sue Riley, prosecuting, said Aspin was seen to look at the CCTV cameras and then run off. He was arrested two days later.
The anti- social behaviour order was made after an application by Hyndburn Borough Council because of the number of offences the appellant had committed.
He had 107 convictions for theft or attempted theft from shops and the offences had been committed to fund his drug habit.
The order had been made to prevent him entering parts of Accrington because of the scale of his offending. It was thought to be something more permanent than bail conditions.
Paul Hague, defending, said the offence was not so serious that only custody was appropriate.
Aspin's Giro cheque could not be cashed anywhere else than Abbey Street at the time and a friend used to go and collect his cash.
The friend was the one person he could trust with the money to bring it back to him but he had not been able to go to the post office that day.
Mr Hague said the cheque had been worth £96 and was to last Aspin a fortnight. He had no food so he went and cashed the cheque himself and was caught on CCTV.
The barrister added that although the offence constituted a breach of the order, there was no anti-social behaviour and that made a significant difference. Aspin now cashed his cheque in Oswaldtwistle.
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