A THIEF who helped himself to council flagstones should not have been lifting heavy items, so enlisted a friend to help, a court was told.

Burnley magistrates heard how Mark Smith, 40, who was on incapacity benefit, took the stones because he was in dire financial straits and called in Ricky David Hayes, 20, to assist in unloading them from the back of his van.

Smith, of Spencer Street, and Hayes, of Ada Street, both Burnley, were each sent to custody for four months, after magistrates told them they had appalling records and persistently offended.

Smith admitted theft on February 13 and Hayes pleaded guilty to handling stolen goods.

Graeme Parkinson, defending, said they were both currently subject to court orders. The flags had been recovered. Smith saw the stones, which had been dug up by somebody else and intended to sell them.

The defendant should not have been lifting heavy items, so he got his co-defendant's help and support in unloading the van.

Smith was unemployed and likely to remain so for the rest of his life. He had had problems with thrombosis and was awaiting an appointment with a psychiatrist.

He knew he could lose his liberty, accepted he should not have become involved and that he brought his friend into the offence.

Mr Parkinson said Hayes was illiterate and was not in receipt of benefits because he was embarrassed about his inability to read and write. He and his co-habitee were living on benefits for one person.