A Crail man who threatened a neighbour with a cut-throat razor earlier this year has been spared jail at Cupar Sheriff Court.
David Swan (54), whose address was given as the Glebe, admitted behaving in a threatening or abusive manner likely to cause fear and alarm, presenting a razor at Graeme Reilly and uttering threats of violence at the Glebe on May 28.
Swan also admitted being in possession of a blade in a public place on the same date.
Despite the nature of the offences, Swan was sentenced to 250 hours of unpaid work and a two-year supervision order, although Sheriff Charles Macnair made it clear the only reason he was not going to prison is because he is a full-time carer for his 92-year-old mother.
“Offences involving knives or razors are extremely serious and there is only one factor which keeps you from spending a substantial period of time in prison, and that is the fact that you are a carer for your mother,” Sheriff Macnair said.
“If you had not been caring for your mother you would be now going to prison.”
The court heard how Swan had been spending time with his neighbours during the day and had been in possession of an early 19th century razor which he had received from a collector and had spent six years refurbishing.
Swan’s solicitor said her client had intended to show the item to his neighbours but, as they were playing a football game on the computer, felt it was not appropriate to interrupt them.’Utterly stupid’Discussion then turned to other court proceedings Swan was said to be involved in, at which time Swan’s solicitor said one of the neighbours appeared to “get the wrong end of the stick” and thought her client was a convicted paedophile.
Swan then left the address and went home.
“It was mulling over in his mind throughout the afternoon that his neighbour had got the wrong end of the stick and he really wanted to sort out matters with his friends,” the solicitor added, saying Swan had arranged to watch the Champions League final at his neighbour’s house later that day.
When Swan returned at 7pm, one of the neighbours refused to let him into the house and it was at that point Swan brought out the razor.
His solicitor added, “It was not the case he went by to cause a confrontation and it was not his intention to display the razor.
“It was a spur of the moment decision and one he considers to be an utterly stupid decision.”‘Depressive episodes’After the solicitor’s comments, Sheriff Macnair questioned that version of events, pointing out previous evidence from the Crown that suggested Swan had immediately asked, “Where is Mark?” in reference to one of the neighbours.
Swan is also said to have said, “Tell Mark if he wants to make trouble for me I will slash him.”
In response to that, however, the solicitor reiterated it had not been Swan’s intention to carry out any threats he had made.
The court heard that Swan had been taking steps to address his alcohol consumption and his mental health issues, with his solicitor concluding, “He has taken it upon himself to do everything he can to prevent this or any further offending behaviour from happening again.”
A local doctor had assessed Swan as having bipolar disorder, but a more in-depth analysis by a psychiatrist suggested that diagnosis was not sound.
Instead, the court heard, Swan appeared to suffer “recurrent depressive episodes” and has been taking mood stabilisers and medication.
While sentencing, Sheriff Macnair also ordered forfeiture of Swan’s razor.