A FATHER-of-three has won his appeal against a magistrates' jail sentence for stealing petrol.

Burnley Crown Court heard how Paul Whitehead, 30, had helped himself to petrol from a car and had been jailed by Rossendale magistrates.

Whitehead, of Thorn Bank, Bacup, who had been sent to prison for almost six months, won his appeal against sentence.

Judge Reginald Lockett, sitting with two magistrates, gave him 12 months probation instead.

Kendal Lindley, prosecuting, said Whitehead had been sentenced to two months after being convicted of theft, attempted theft and making off without payment.

Rossendale magistrates had also told him to serve 15 weeks of the unexpired portion of a previous sentence, giving him almost the maximum sentence. Andrew Lawson, for Whitehead, said Whitehead had been using the drug 'speed' but had now stopped, as he couldn't afford petrol to take his child to school.

Somebody had stolen petrol from a car belonging to him and he had been annoyed.

Mr Lawson added that in the past, Whitehead had done everything required of him on probation. The sentence imposed by the lower court had been excessive.

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