A 44-year-old man has been jailed for 90 days for carrying an aerosol deodorant and two cigarette lighters.

Blackburn magistrates heard all three items contained butane gas which Romesh Hira is banned from possessing in public under the conditions of an anti-social behaviour order.

Bu Jonathan Taylor, defending, said that when his client was stopped by the police he was not engaged in any kind of anti-social behaviour .

"I understand that almost a third of the prison population is there because of a breach of ASBO but you may feel sending this man to prison for this breach is like using a sledgehammer to crack a walnut," said Mr Taylor.

He said Hira had no intention of inhaling from the deodorant because he was fully aware of how dangerous that could be.

"Just like drinkers develop a tolerance for alcohol he has developed a tolerance for butane and the gas in the lighters would have had no effect on him," said Mr Taylor. "On this occasion he was not and had not been inhaling butane.

"He was carrying a can of deodorant and two cigarette lighters which probably anybody else in the country could carry without fear of censor, never mind risk going to prison."

Hira, of Leamington Road, Blackburn, pleaded not guilty to breach of an ASBO but was convicted after trial. Hira had five previous breaches of the ASBO.

Mr Taylor later lodged an appeal against conviction.