Kirkby man armed with knuckle-duster risked automatic six-month jail term
A boozed-up Kirkby man who armed himself with a knuckle-duster when he went to a pub in Sutton risked triggering an automatic six-month prison sentence, a court heard.
Police were called to The White Swan, on Devonshire Square, Sutton town centre, after reports Jonathon Brown was carrying a knuckleduster, on February 9, at 7.20pm.
Fiona McClelland, prosecuting at Mansfield Magistrates’ Court, said Brown aged 30, has previous convictions for possessing offensive weapons from 2009 and 2011.
Brown, of Southwell Close, Kirkby, admitted possession of an offensive weapon.
However, Morgan Hogarth, mitigating, said there were “exceptional reasons” not to impose the automatic prison sentence triggered by a ‘third strike’ offence.
He said Brown was aged only 16 at the time of the first offence, while the second happened when he just turned 18.
“There was a seven-year gap before any further offending and no disorder took place,” he said, adding that Brown has “significant mental health issues”.
And this was enough for the court to spare him jail.
Sentencing, District Judge Gillian Young told Brown: “You were intoxicated and you armed yourself with a knuckle-duster.
“That is a high-risk combination of circumstances. However, I appreciate how much you have been struggling with your mental health.”
She said that those factors, plus the age of his previous convictions, enabled her to depart from imposing a prison sentence.
Instead Brown was given a 12-month community order with a 31-day programme and ordered to carry out up to 15 days of rehabilitation. He must also pay a surcharge of £48 and £85 costs.