A BOY has been locked up after he breached his Asbo by throwing a snowball at a delivery driver.
Dylan Raines, 15, was locked up in June for breaching the order by being abusive and throwing snowballs.
He tried to appeal at Hull Crown Court yesterday by claiming he had not reoffended for five months before the court sentenced him.
However, the court heard he had been in hospital after having operations on both his legs and was on crutches at the time.
Judge Simon Jack, sitting with two magistrates, told Raines he rejected the appeal and the sentence would stand.
The judge said: "The fact that he stayed out of trouble for up to five months is not terribly surprising given that he had an operation and was no doubt largely immobile.
"The magistrates had no alternative.
"The appeal is dismissed."
On January 16, Raines, of Coltman Avenue, Beverley, had a confrontation with a neighbour who asked him why he was not at school.
Raines swore at him and was abusive.
Later, he threw a snowball at a delivery driver.
Prosecutor Richard Thompson said: "He had been given the Asbo with the restriction that he was not to cause harassment, alarm or distress to any person and not to throw any items.
"There were restrictions on who he could associate with.
"He was seen to throw a snowball at a delivery driver, who was going about his everyday business.
"His conduct in using bad language and throwing a snowball amounted to a breach of his Asbo."
On January 27, Raines was seen to enter a garage in Burden Road, Beverley, and later seen to run from it, also in breach of his Asbo.
He was caught by police officers on February 2 associating with people he was banned from meeting.
He was given the Asbo two years ago and has seven convictions for 11 offences.
Raines pleaded guilty to breaching his Asbo at Beverley Youth Court on June 3.
The magistrates sentenced him to a four-month detention and training order.
His barrister Harold Bloomfield said: "He has quite clearly exhausted the patience of the magistrates.
"He had life-changing surgery to his legs on February 12. He has not offended since February 2. I concede for some of that time he was in hospital, or using a wheelchair, or on crutches.
"If he had continued to commit crime after February then he could have anticipated short shrift but in reality he has not."
Judge Jack rejected the appeal, saying: "This is an appeal against a four-month detention and training order, which was imposed for a burglary with intent to steal from a garage and for two breaches of an Asbo.
"Mr Bloomfield readily accepts he has a bad record with a very large number of previous breaches and his submission is on the basis that the defendant has stayed out of trouble during the period of his last offending and the date of sentence.
"Also, that because of his medical difficulties he has suffered by his incarceration.
"We take the view the magistrates had absolutely no alternative but to impose this custodial sentence.
"The magistrates had effectively tried everything. There had been repeated breaches of the Asbo."
