A Paisley man who was found with a 4.5inch blade down his shorts has “narrowly escaped prison.”
Stephen Morning, 30, was stopped by cops in Paisley’s Neilston Road on September 11 last year when they discovered a large black-handled kitchen knife with a serrated blade.
On Friday at Paisley Sheriff Court, Sheriff Bruce Erroch QC told Morning, who had recently become a father, that there were “a number of factors” that concerned him.
He said: “You’d been drinking when you committed this offence, you took the deliberate decision to arm yourself and you have an analogous conviction.
“I’m going to give you a high level community payback order given you have narrowly escaped prison in this case.”
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Prosecutor, Dana Barclay previously told Paisley Sheriff Court: “Around 10.40pm, police were on mobile uniformed patrol driving on Neilston Road, Paisley, when they had reason to speak with the accused.
“The accused was detained and a search was carried out by officers.
“During the search, a black-handled kitchen knife with a serrated edge was found.
“The knife had a blade of 4.5inches and was found in the front right pocket of the accused’s shorts.
“He was taken to Greenock police station, processed in the usual way and made no reply to caution and charge.
“He was then released on an undertaking to appear at this court in October 2021.”
Morning, of Stock Street admitted being in possession of the offensive weapon in a public place without reasonable excuse subject to the Criminal Law (Consolidation) (Scotland) Act 1995, Section 49 (1) as amended.
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Defence agent Kirsty McGeehan told the court Morning was struggling with “addiction problems” at the time but has since addressed these.
Ms McGeehan added: “He has also addressed his alcohol consumption and is back in employment working in a tannery working as a leather cutter.
“He has recently become a father, and his wee boy is 10 days old today.
“The custody threshold has been met but alternatives are available.
“He has turned things around since September.”
Sentencing, Sheriff Bruce Erroch QC said: “As Ms McGeehan rightly alluded to, an offence as such as this where you were carrying an offensive weapon when you have an analogous conviction merits custody and it is in the forefront of my mind.
“However, in mitigation, it is clear you have turned things around, you have family support, you are in employment and you have a newborn baby so in the circumstances, I’m not going to send you to prison today.”
Sheriff Erroch QC imposed 225 hours of unpaid work to be carried out in the community within 12 months as a “direct alternative to custody.”
In addition, Morning was ordered to wear a tag for 135 days keeping him within his home between 7pm and 7am each day.
A review hearing to call before Sheriff Erroch QC was set for October 24.
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