A 61-year-old man with autism who was jailed for harassing a schoolgirl by repeatedly giving her toys and chocolates has been freed.

At a Carlisle Crown Court appeal hearing yesterday, judge Peter Hughes QC said that Isaac Gordon's case presented a “deeply worrying” picture and he was anxious it should be dealt with fairly.

Gordon, diagnosed with the autism spectrum condition Asperger's syndrome, was given a 60 day jail term on March 16 after a district judge convicted him of harassing an eight-year-old.

Gordon, of Woodcock Lane, Whitehaven, denied wrongdoing but was convicted after failing to show up for his trial.

The prosecution had outlined how between April and June last year Gordon repeatedly posted unwanted toys and chocolates through the girl's letterbox.

He also called her his "little pal" and argued with her dad. The child was left traumatised by his actions, the court heard.

But at the crown court yesterday, barrister Brendan Burke formally began a bid by overturn Gordon's jail term, arguing that District Judge Gerald Chalk ignored Gordon's mental health issues.

Judge Hughes, sitting with two magistrates, told Mr Burke: “I must say that have concerns, and my colleagues share concerns, given the history of this matter.”

On the day Gordon was jailed, said Mr Burke, the district judge had the benefit of an assessment by two mental health nurses. No further assessment was asked for.

“It's a deeply worrying picture,” said the judge.

“I am anxious this man should have his case fairly and properly tried and dealt with. I am concerned that not all steps have been taken.”

Mr Burke said "extremely lengthy” letters were sent to the Crown Prosecution Service about Gordon's condition. There were also concerns about his mental capacity. "It's not just his Asperger's," said the barrister. "There appears to have been a brain injury.”

The barrister added that it was agreed that Gordon could understand being told what he must not do.

Judge Hughes adjourned the appeal so a full psychiatric assessment can be made of Gordon. That should address the risk Gordon may pose in the community and examine whether he understands the inappropriate nature of his behaviour towards the girl

The judge added: “I think that a short sentence of imprisonment is not going to address those underlying issues at all.”

Addressing Gordon directly, the Judge said: “We need much more information. We don't feel it is right that while this case is being held up for that information that you should be held in custody.

“But I want to make it plain to you that there must be absolutely no repetition of this behaviour. You are not to have any contact whatsoever with [the girl] or her parents.”

Asperger's is a lifelong developmental disability that affects how people perceive the world and interact with others. One aspect of the condition can be an inability to properly understand social boundaries.