Teenagers carried knife and belt to face noisy crowd

Oct 22 2009 by Alistair Watson, West Lothian Courier

TWO teenagers who had consumed a “phenomenal” amount of alcohol were seen carrying a knife and a belt in a Bathgate street disturbance.

Peter Howard, 17, took a kitchen knife and James Livingston, 19, had a belt as they confronted a group who had been buzzing the intercom at their block of flats in Bathgate.

Livingston Sheriff Court heard the pair, who live next door to each other in Mill Court, had been out in the town drinking before returning to Howard’s flat to continue the session.

At around 1.45am on August 1 they heard people continuously pressing buzzers at the flats.

Howard’s solicitor, Gordon Robertson, told the court: “They heard a cacophony of shouting and swearing, not really directed at anyone. He knows he should have left it and called the police.

“But due to a large consumption of alcohol and what he thought was threats being made towards his property he went down and brandished the knife.

“He did not take the knife out initially. He meet the group at the door and one of them was carrying a pole.

“Howard went back inside and took out the knife to scare them off.”

Witnesses saw Howard with the knife and Livingston with the belt and called the police and they were later arrested.

Howard told officers: “If they had come towards me I just would have dropped it. I only took it with me to deter them.”

At the court Howard, of Mill Court, Bathgate, pled guilty to having a knife in a public place and causing a breach of the peace.

Livingston, also of Mill Court, pled guilty to brandishing a belt and causing a breach of the peace.

Defending Howard, Mr Robertson said: “He was not out looking for trouble. He was misguided due to the alcohol he consumed and admits he overreacted.

“He was drinking phenomenal amounts of alcohol at the time of the offence.

“His involvement in this offence has made him take a look at how he was living his life.”

Livingston’s solicitor told the court that his client had an alcohol problem.

He added: “Alcohol played a part in the offence. Trouble came to him rather than him looking for it.

“He was on probation and was getting help but was discharged as he reached a period of stability — I think this was a bit premature.

“He has not done his community service due to his alcohol problem.

“He needs to get his alcohol problem sorted out or future offences lie ahead for him.”

Sentencing Howard to 240 hours of community service Sheriff Daniel Kelly said: “You are on a far more serious charge and anyone who arms themselves with a kitchen knife and takes it down to confront others is very much looking at a custodial sentence.

“The court has repeatedly made it clear that any offence of this nature will be dealt with seriously.

“It is only fortunate that no harm was done but it doesn’t take much for things to change and for a knife to be used in a way which had not be intended.

“However I have listened to what has been said by your solicitor in particular concerning your age and imposing a custodial sentence on someone who is only 17.

“Your record is not the worst and I have been persuaded that you are entitled to one last chance. But if you return to the court for something of this nature again this will not happen again.”

Sheriff Kelly fined Livingston £300 for his part in the offence.