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Thurso man who carried knife was 'in fear of his life'


By Court Reporter

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A young Thurso man caught by police with a lock knife has narrowly avoided a jail sentence.

Sheriff Andrew Berry said he had considered a custodial sentence in order to deter other people who might think of carrying such weapons but decided to step back from that course of action.

The sheriff deferred sentence on Brian Stevenson for four months to allow him to get help from social workers.

Stevenson (24), a first offender, pleaded guilty at Wick Sheriff Court previously. He claimed that he had armed himself with the knife because he had been threatened by certain people in Thurso.

When seen by police officers in the town's Angus Court on August 29, he immediately handed the knife over and said to them: "I am an idiot."

George Mathers told the court that the only reason that Stevenson had the knife was that "he was genuinely in fear of his life".

The solicitor continued: "The accused wanted the knife in case the people who had threatened him would carry out what he thought would be a severe beating. He should not have had the knife and is sorry to find himself in this situation."

Sheriff Andrew Berry said that he was faced with a dilemma and continued: "If I didn't take an extremely serious view of such an offence it would give a green light to anyone to carry a knife in a public place, just in case they need it."

Mr Mathers disagreed, saying that a distinction could be drawn. The accused was genuinely in fear of his life and he had never been in trouble before.

The solicitor added: "He does not seek to excuse his actions, but there was a serious reason for it. Another reason is that if he goes to prison, he will lose his accommodation in St John's House in Thurso."

Sheriff Berry described the carrying of knives in public as "an extremely grave matter" and continued: "I have said in this court and probably it has been said in many other courts, that knives that are carried can be used."

However, the sheriff conceded that Stevenson had a good reason for carrying the knife and he was satisfied the accused's explanation had not been made up. But Sheriff Berry pointed out that it was possible that Stevenson might have brandished the knife in the event of a confrontation.

Sheriff Berry told Stevenson, who is unemployed: "Short prison sentences in many ways serve no useful purpose, but sometimes become necessary and are the only option open to the court. I don't find this an easy case but it seems to me, given the circumstances, that I can deal with it without sending you to prison."

The sheriff revealed that, while preparing the case he had "made up his mind that a custodial term was the only option open to him". However, he had reconsidered matters subsequently.

Sheriff Berry, who saw a background report, said: "It is not my job to send people to prison just because I can, but I try to take into account the facts and circumstances of cases. You have other issues in your life so I hope you will co-operate with the social workers. I hope you will not let us all down."


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