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Thread: Additional case from Friday's sheriff court session

  1. #1
    Join Date
    Jun 2010

    Default Additional case from Friday's sheriff court session

    Man with "extraordinary" record jailed for six months

    A YOUNG man, who produced a knife while on his way to sort out a noise issue with neighbours was jailed for six months by a sheriff who described his record as “truly extraordinary”.
    The accused, Francis Macphee, admitted an amended charge of using threatening or abusive behaviour and producing a knife, but ended up on good terms with the neighbours he blamed, Wick Sheriff Court heard on Friday.
    Macphee had been drinking when he went to speak to neighbours in an upstairs flat, at Albyn Court, Thurso, on January 28. However, when he got there, they told him they were not to blame and the fault lay with their neighbours on the next floor up. Macphee (23) went out into the stairwell and pulled out a kitchen knife with a six-inch knife.
    Senior fiscal depute, David Barclay, said that the people in the flat he had left, were sufficiently alarmed seeing him disappearing upstairs with the blade, that they contacted the police.
    Mr Barclay added: “Nothing happened, but nevertheless the essence of the charge is that the occupants of a flat saw the knife being produced and were alarmed, because clearly it was something they were not expecting to see.”
    Solicitor Neil Wilson, for Macphee of 27 Albyn Court, said that the accused had been drunk at the time and had little recollection of the incident.
    When Macphee knocked on the door he was taken in, offered a drink and invited to take his girlfriend up as well and said Mr Wilson: “When the police arrived they were all sitting, on perfectly good terms, having a drink. ”The solicitor commented: “The essence of this charge is the production of the knife.”
    He said that Macphee had a drink problem and had started detox while on remand and was continuing with it.
    The accused was “a perfectly intelligent young man” who was now in a steady relationship with a girl who was trying her best to keep him out of trouble.
    Mr Wilson added: “Hopefully, there is the beginning of some stability there. Macphee knows full well he has to help himself and wants the chance to demonstrate he can. He is in the grip of a horrible addiction and wants to break free from it.”
    Sheriff Andrew Berry who saw background reports said that Macphee’s record was “truly extraordinary” for a young person. He was on probation and currently carrying out unpaid community service, had missed appointments on several occasions and had failed to take opportunities to behave.
    The sheriff continued: “The fact that you produced a knife in a public place is completely inexcusable in this and any other court. The fact it happened when you were subject to a bail order, and an allegation of assault makes it worse. I take the view in relation to the knife charge, that only a custodial sentence is appropriate.”
    In addition to the six month prison sentence, Macphee will have to carry out 75 hours after he is released, under a new community payback order imposed for a deferred sentence, and will also be subject to a good behaviour bond.
    Last edited by Nwicker60; 04-Feb-12 at 22:50.

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