A Swindon man has avoided a mandatory prison term despite committing a second offence of possessing a knife in a public place.
Alroy Stroud, 45, appeared at Swindon Magistrates’ Court on 10 December 2021 where he pleaded guilty to brandishing a lock knife in the street last summer.
Prosecutor Kate Prince said the defendant, of Sudeley Way, Grange Park, had contacted the police to report that he had been the victim of a robbery at 1am on 16 June.
In the phone call to 999, he told the operator he was armed with a knife and was going to kill the suspects.
When officers arrived at the scene in Spring Gardens, Swindon town centre, he is seen waving the knife around as he walked towards the police van.
He immediately complied with the officers’ requests to drop the knife.
The court heard how Stroud was convicted of a previous knife offence in 2011 – making him subject to a mandatory six-month prison sentence.
But Gordon Hotson, defending, asked magistrates not to impose the custodial sentence – arguing that it would be “unjust”.
“He was in town where he was assaulted, he had money taken from him. He is the one who contacted the police in a state of distress and made some comments he regrets”, he said.
Mr Hotson said his client had the knife for his own protection, but he accepts that is not a defence.
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Stroud is said to suffer from alcohol and cannabis addiction, and various mental health issues.
Mr Hotson argued that it would be “unjust” to impose a prison sentence for a number of reasons, including: the time lag of around 11 years between the two blade offences, no other offending for four years, the need for mental health and substance support which would not be addressed in a custodial setting, and that fact he was the victim of an assault.
Agreeing that it would be unjust to impose a prison term due to the length of time between the two offences, magistrates imposed an 18-month community order with a drug rehabilitation requirement.
He will also serve an eight-week GPS monitored curfew between 7pm and 7am, pay court costs of £85 and a victim surcharge of £95.
