A "PERSISTENT" offender sent to jail for a total of eight months by magistrates must stay behind bars.

Michael 0'Brien, 27, had committed two offences while on bail struck while subject to a probation order but claimed the eight months term was too high.

A judge threw out his appeal against sentence, saying he had an extensive criminal record and most, if not all, of his convictions were drug-related.

Recorder David Sumner, who had been told the appellant wanted to kick his habit given the chance, said the plea had no doubt been made on other occasions in the past, which would explain why courts had been lenient with him.

The judge, sitting with two justices, said there was no merit in O'Brien's appeal at all and he would echo the words of the Burnley, Pendle and Rossendale Magistrates, who had said he was a persistent offender.. O'Brien, of Branch Road, Burnley, had earlier been convicted of three counts of theft, involving 16 DVDs.

Jacob Dyer, for O'Brien, said he had confessed to one offence unprompted at the police station.