A man who threatened an angry neighbour with a knife has been granted an absolute discharge because a court heard he was retaliating after being shocked by a handheld taser.
Kris Reid was at a friend’s home in Perth’s Kingswell Terrace when he got into a row with the man next door following complaints about noise.
The 34-year-old appeared at the city’s sheriff court and admitted behaving in a threatening or abusive manner and uttering threats towards Norbert Legierski while brandishing a knife in the early hours of May 23 last year.
Sheriff Jennifer Bain KC made the unusual ruling not to impose any kind of punishment, following claims by a witness Mr Legierski had first shocked Reid with a taser, sending him to the floor in pain.
The court heard Reid, a self-employed plumber from Aberuthven, has been unable to work or visit his parents since the altercation.
Complaints
Fiscal depute Duncan MacKenzie told the court: “This happened in a residential street off the city centre.
“Mr Legierski and his wife stay next door to a friend of Mr Reid’s.
“On this evening, Mr Reid had been drinking alcohol with friends at the flat.
“Police received two complaints about noise coming from the property.”
The prosecutor said: “Later, Mr Legierski went to the friend’s door to complain about the noise.
“He got into an argument with Mr Reid, who went away but came back with a large kitchen knife.”
Mr MacKenzie added: “One witness had claimed that Mr Legierski tasered Mr Reid prior to him obtaining the knife.”
Reid told Mr Legierski: “Get back, get back. You are getting f***ed by the way.”
The fiscal depute told the court: “Parties were separated and they went back to their respective homes.
“Police were contacted and officers searched Mr Legierski but did not recover a taser from his person.
“The accused was arrested and held in custody.”
Witness statement
Solicitor Paul Ralph highlighted a statement given to police by a Crown witness who was at the flat with Reid when Mr Legierski attended.
The witness said that at about 12.30am, after police had called round about the noise complaint, Reid answered a thump at the back door.
“It happened so quickly,” she told investigators.
“There was a cracking noise and a flash of blue light.
“I remember seeing something like a walkie talkie and then Kris fell to the ground.
“I’m sure it was a taser.”
Mr Ralph sad: “It was after this that Mr Reid grabbed the knife.”
The court heard that as a result of bail conditions, Reid was not allowed to enter Kingswell Terrace where his parents stay.
Mr Ralph said his client, a self-employed plumber, had been unable to work since the incident.
“It had a profound effect on him,” he said.
“He wasn’t able to talk to members of the public or go into their homes.”
Mr Ralph suggested the court should consider an absolute discharge, “given the outrageous provocation.”
Discharged
Sheriff Bain KC told Reid: “I have heard what has been said on your behalf.
“You must understand that it is never acceptable to get a knife and arm yourself in any situation.
“But I note the impact that the attack upon you has had and you have had to give up your employment.
“In these particular circumstances, I will grant an absolute discharge.”
Although he avoids punishment the matter can be considered if he commits another crime.
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