A former Black Watch soldier who threatened nightclub staff with a baseball bat pleaded for a custodial term when he appeared at Perth Sheriff Court.
Ivor Devlin (38) of Glenartney Terrace, Perth, was offered the chance to carry out 175 hours of community service, but in a rare turn of events he declined.
He told Sheriff Lindsay Foulis he was concerned he would not be able to complete the order and would instead “prefer” to serve his time.
After some deliberation the sheriff told the father of two he had no other choice but to jail him for five months.
Devlin, who works as a bricklayer, admitted conducting himself in a disorderly manner on September 21 outside Loft Nightclub on South Street by shouting, swearing and uttering threats while holding a baseball bat.
Depute fiscal Lucy Keane told the court the incident occurred in the early morning, after Devlin had been removed from the premises.
Miss Keane said, “He tried to conceal the bat behind his back and was approached by the door staff of the club.
“He began shouting and swearing at them and threatened to smash the bat over one bouncer’s head.
“The police were called and he proceeded to throw the bat away in the street but it was later traced by officers.”
Defending, solicitor David Holmes said his client had been “extremely drunk” and had not intended to hurt anyone.
Mr Holmes asked the sheriff to consider a financial penalty, saying Devlin was in the position to pay a “considerable amount.”
He said the 38-year-old was planning to travel to Spain over the summer period, where he could earn upwards of £1000 a week.
However, listing previous convictions, which included carrying a knife in a public place, Sheriff Foulis said a fine was “not an option.”
He told Devlin, who served in Northern Ireland during the Troubles, “Your behaviour was totally unacceptable you are on the edge but in this matter I am prepared to apply community service.
“If this means you cannot go to Spain for work you have no one to blame but yourself.”
When he asked if Devlin agreed to comply with the conditions of community service, the accused indicated he did not.
Mr Holmes then said, “He is concerned that he would find it hard to adhere to a lengthy period of community service and as a former soldier he does not like to fail in things.
“He would rather take punishment than say he could do something he couldn’t.”
Mr Holmes added that Devlin’s two children spent part of the week staying with him but alternative arrangements could be made.
Sheriff Foulis concluded, “In light of this position you will be sentenced to five months’ inprisonment from this date.”