A JUDGE and two magistrates threw out a Bolton man's appeal against a three-month sentence imposed for theft and carrying a blade.

Stephen Kearns stole a PlayStation game to sell so he could buy food and claimed he used the knife he was carrying to eat with.

But the judge sitting at Bolton Crown Court threw out Kearns' appeal saying that a three-month total sentence was right under the circumstances.

Kearns, aged 22, of Oxford Grove, Halliwell, Bolton, had been jailed for a total of three months for theft, carrying a bladed instrument and failing to surrender to bail.

The court was told that Kearns had a long criminal record and had spent many months in custody in the last few years.