MAGISTRATES ruled a 21-year-old man had been in possession of a naked picture of a former girlfriend 'by default'.

Blackburn magistrates heard the photograph was a selfie taken by the 16-year -old girl while she was on a family holiday and sent to Daniel Carr who she was in a relationship with at the time.

And they accepted he had tried to delete the image before his new girlfriend saw it and posted it on social media.

Carr, of Quakerfields, Darwen, pleaded guilty to possessing an indecent image of a child. He was fined £180 with £85 costs and £30 victim surcharge.

The magistrates declined to make a restraining order because they said it wasn't necessary.

He was also not ordered to sign the sex offenders register.

The chairman said: "We find a lot of things in this case in your favour."

Aftab Bakhat, defending, said his client had received an unsolicited nude picture of his then girlfriend who he split with in February.

"He tried to delete it but for whatever reason he couldn't," said Mr Bakhat. "He said he had been contacted by his ex who wanted money to pay for a college book she had left at his house before they broke up.

"He put his phone down and walked out of the room," said Mr Bakhat. "His current girlfriend picked up the phone and after a row she posted the image on Instagram.

"It was up for two minutes and then it was take off.

"When my client was contacted by the police he made his girlfriend go with him to explain what had happened.

"He is technically guilty of possessing the image but he is also guilty of not guarding his mobile phone properly and someone has taken advantage."