A man has avoided being sent to prison after he was caught holding an axe in the street.
Kris Cooper, 37, pleaded guilty to possessing a bladed article in a public place at Swindon Magistrates’ Court this afternoon (21 February).
Police officers were called to reports of a disturbance in a residential road in Swindon town centre in the early hours of yesterday (20 February).
Keith Ballinger, prosecuting, said the defendant was shouting and swearing outside his home in Curtis Street whilst he was holding an axe.
The police spoke to the witness, a local resident, but they did not want to provide a statement. They did however confirm the address the male was from.
The officers went to the address and arrested Cooper. On reviewing CCTV, it showed him in possession of an axe in the street.
In custody, he admitted having the axe but claimed he was fixing a door handle – unknowingly taking the tool outside with him for a cigarette.
The court heard that Cooper is currently on a suspended sentence order for criminal damage. The prison term was for six weeks suspended for 18 months. He is also on a community order.
Emma Hillier, defending, said her client was outside with a “small hatchet” for less than a minute.
She said the CCTV footage shows him swearing about the door that he was trying to fix.
Frustrated, he went outside for a cigarette before being interrupted by a neighbour who shouted at him from an upper window. During the heated debate, he returns the hatchet indoors before continuing.
Ms Hillier said Cooper accepts he was an “idiot” for taking it outside.
MORE COURT: Refugee ‘who uses GBH-level violence’ breaches domestic violence protection order
Whilst he struggles with alcohol addiction after many years living on the streets, the defendant recently secured stable accommodation. He accepts he acts impulsively and needs help with his mental health.
“We feel it is unjust in the circumstances to activate your suspended sentence”, magistrate Maryanne Burton said.
The court imposed an additional 10 rehabilitation activity requirement days on his existing community order and told him he must serve an 8pm-6am curfew for the next eight weeks.
She added: “You may not be so lucky next time, you really need to think.”
