A FATHER-OF-FIVE who was jailed after being caught behind the wheel while banned, must stay there.

A judge told Raja Mahmood, 35, he had shown blatant disregard of the law and that the 28 days in jail imposed by Burnley, Pendle and Rossendale Magistrates was "absolutely correct."

Judge David Pirie, sitting with two justices, said no course other than custody could have been justified and threw out his appeal against the sentence.

The judge said the appellant had earlier been given a suspended jail sentence for driving while disqualified , which should have been a warning of what was likely to happen if he did it again. Mahmood had committed other motoring offences which led to him being banned in for two years in April last year.

Mahmood, of Hutton Drive, Burnley, had earlier been convicted of driving while disqualified, no insurance and obstructing a police constable.

Kendal Lindley, for the Crown, said Mahmood was stopping in Accrington Road, Burnley, last August and gave police incorrect details.

After his arrest he owned up to what he had done and admitted he had done it because he was banned.

Paul Hague, for the appellant, said Mahmood borrowed the car when he received a phone call saying his sister was being subjected to domestic violence. His wife, who could drive, was ill and he felt he had to go to resolve the situation.

No bad driving was involved and although it could not be said the sentence was manifestly excessive, it had been his first taste of custody and it had been painful.

Mr Hague said the appellant suffered from diabetes and his wife was having to look after their five children on her own.

He added: "It is recognised that the first brief spell of custody has the greatest deterrent effect and the court could deal with him by way of his immediate release."