A MAN who threatened a dog walker with a Stanley knife in Gobowen has been jailed – but he was given a reduced term on compassionate grounds, and to allow him to address urgent medical problems.
Stephen Lavelle had his 12-month prison term reduced to eight months on compassionate grounds at Shrewsbury Crown Court on Tuesday, for threatening Paul Jones with the blade in March last year.
Lavelle had previously pleaded guilty to the offence in July 2021 but has faced a number of delays in sentencing because of medical issues, including an open stomach ulcer.
The court heard that Lavelle, 53 and of Castle Heights in Flint, had visited the Sandwich Bar in Gobowen and during his visit he made rude gestures towards the shop owner, and as he appeared very drunk she offered to call him a taxi.
David Jackson, prosecuting, told the court that Lavelle then abused Mr Jones, who had moved to intervene after the defendant's behaviour, and threatened to hit his dog – claiming it had urinated on his boot – and then threatened Mr Jones again.
He added: "He got up into his face and pulled out a bottle of wine he had been drinking, before he then pulled out the Stanley knife to say ‘I’m going to cut you up’.
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"Mr Jones said he believed his threat and was worried for his safety, stepped away from the defendant who calmed down and then they shook hands.
"Police arrested him soon after, Lavelle was irate and was asked if he had a knife before eventually walking away from the officer before he was taken to Shrewsbury and charged."
Stephen Scully, defending Lavelle, explained that his client was drunk and that he claimed the incident would not have happened if he was sober, and that, in his view, did not pose a threat.
He explained to the court the list of medical issues faced by Lavelle, including an open stomach ulcer, and that he would be in needed of surgery, with a letter sent to the court from Wrexham Maelor Hospital.
Mr Scully also informed the court of a series of bereavements suffered by Lavelle, and asked the court to take into consideration a three-year gap from offending for the defendant, from 2018 to 2021.
However, Judge Anthony Lowe told him that while he was sympathetic to his health concerns, his actions had passed the custody threshold.
Judge Lowe said: "If anyone takes out a knife in the circumstances you did, especially in alcohol, the court is always going to take a strong view.
"Which is why the act says a minimum sentence a court should impose is six months.
"I have to consider whether your health problems makes the sentence unjust and I’m afraid I can’t come to that conclusion.
"While it makes it difficult for all concerned, it isn’t enough to not proceed to custody.
"You can’t seem to stay out of trouble for any period of time and that looks like the future as far as you’re concerned.
"In my judgement the appropriate starting points is 18 months which I reduced by a third to 12 months, but in an act of compassion recognising that prison will be hard for you, I bring that down to eight months.
"You will serve half that sentence and I am mindful of any future treatment for you."
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