An Angus father has been jailed for brandishing a machete at a problem neighbour who threatened him with two knives.
Simon James McCormack was sentenced to 10 months’ imprisonment at Arbroath Sheriff Court after an anti-social behaviour dispute boiled over.
The 40-year-old, described as a prisoner at Perth, admitted an indictment alleging he pointed and waved a machete at a man in Spittalfield Place, Arbroath, on July 4.
The court heard neighbours had watched as a confrontation unfolded in a communal front garden area.
Depute fiscal Jill Drummond said the house McCormack approached is occupied by residents “responsible for anti-social behaviour in the neighbourhood”.
At about 8.50pm, McCormack approached the living room window of the property to confront the occupier about their behaviour.
Ms Drummond said: “The witness within had drawn the curtains for a brief moment. On his return, he opened the curtains and held two large wooden-handled knives at the window.”
Ms Drummond said the man inside the house told McCormack: “Come on then, big man, if you think you are hard, see you in two minutes,” before shutting the curtains.
McCormack went back to his house to get his machete before returning to the scene.
He shouted to the man: “If you want to bring the knife on, then bring it on.”
McCormack was then seen to point the machete at the window, prompting a witness to call to the police.
He returned the machete to his house before leaving the area.
Officers traced McCormack to a friend’s address, where he protested about his arrest, asking if the other man would also be detained.
Upon being charged at Arbroath Police Office, he stated: “The knife was in its sheath and I wouldn’t have used it unless I had to for self-defence.”
Defence agent Billy Rennie said there was a considerable element of provocation to the offence.
“Mr McCormack has lived there since the middle of last year and has had contact with his daughter at the address,” he said.
“It seems there has been a lot of comings and going in the early hours of the morning at this neighbouring property.
“Furniture has been moved about at various times in the small hours and there have been needles found lying about in the communal areas.”
McCormack had spoken to his neighbour a month previously to warn him the anti-social behaviour would not be accepted.
Mr Rennie said the latest approach had been made with a view to having “stronger words”.
“He presented the machete as a means to threaten the man,” he said. “He was trying to fight fire with fire.
“It would be a more powerful plea of mitigation were it not for Mr McCormack’s previous convictions.”
Sheriff Peter Paterson said a custodial sentence was inevitable, despite the “significant provocation”.
He added: “In a misguided manner you thought you were trying to assist society.
“However, the court and the Scottish Government have made it clear that carrying weapons of this nature is unacceptable.”
McCormack was jailed for 10 months, backdated to July 5, when he was originally remanded in custody.