A THIEF in danger of being sent back to jail to serve part of his last sentence as well as a new term, struck lucky.

Daniel Devlin, 27, who had been on licence from a three-year stretch imposed for house burglary, was sent to prison for four months.

Sentencing him, Recorder Andrew Lowcock told Devlin he did not seem to have learned from experience but the offences were less serious than he had committed in the past and he would not return him to custody to serve the unexpired portion as well.

Devlin, of Elmwood Street, Burnley, had been convicted of two counts of theft and had been committed for sentence by Burnley, Pendle and Rossendale magistrates.

Fiorella Brereton, prosecuting, said the defendant stole batteries worth more than £122 from Do It All and became agitated when spoken to by staff.

He started lashing out, had to be restrained and when he was taken to the police station and interviewed, said it had been a mistake and he had forgotten his wallet.

Devlin also stole his sister's mobile telephone, but police then rang the number and went round to his home after a woman answered.

Paul Hague, defending, said Devlin had a bad record.

When he had been released from custody, he had gone to live with his girlfriend, could not get a job, was paying maintenance for a child and was also paying fines.

The offences were aggravated by the fact the sentence was still live, but they were far less serious than the matters for which he was sent to prison.