A builder jailed for conning vulnerable elderly victims out of thousands of pounds is free to cold call "customers" after the police failed in an Asbo application.

Thomas O'Brien was sentenced to nine months' imprisonment in October after pleading guilty to four counts of fraud by false representation after ripping off victims to the tune of £18,000 in Watford, Bushey, Hatfield and St Albans.

At St Albans Crown Court today Sally Mealing-Mcleod, acting for the police, asked for an Asbo prohibiting the 23-year-old cold calling customers, once he is released from prison.

She said: “In this case there were particularly vulnerable people, which made the crimes particularly abhorrent.

“The order is to stop these people being put under pressure during cold calls.”

David Wood, defending, said O'Brien, of Meadowside, North Orbital Road, St Albans, had learnt a “salutary” lesson in prison and would not be reoffending.

He said: “He is a young man with no other convictions. He has two young children and a baby on the way.

“He knows prison follows this offending and has learnt an enormous lesson.

“In those circumstances I submit an Asbo is not needed.”

Judge John Plumstead refused the police application saying it would be “disproportionate” to impose an Asbo.

He said: “I have to reflect the distaste I have and every member of the public feels towards those that cold call and cheat elderly, vulnerable people.

“I have done that by punishing Mr O'Brien with a sentence of imprisonment.

“But an Asbo is not a punishment, it is to prevent anti-social behaviour, it is not to be confused with an order telling someone not to offend again.

“He knows not to offend again. If there is a repeat of this behaviour there will be a further spell of imprisonment.”

O'Brien conned £9,000 from a victim in The Courtway, Watford; £2,000 from Pleasant Rise, Hatfield; £7,400 from a victim in Glencoe Road, Bushey, and admitted cheating another victim in Watling Street, Park Street, St Albans.

Co-defendant Lewis Shaw, 20, of Vivian Gardens, Oxhey Hall, Watford, pleaded guilty to money laundering after paying in cheques into his bank account for O'Brien.

He was previously given a 15-month community order including 80 hours unpaid work.