Thug claimed he needed sword to protect his mum

Apr 17 2009 Paisley Daily Express

A MAN who was caught on camera armed with a samurai sword lost his appeal against a three-year jail sentence yesterday after judges insisted the courts must try to deter people from carrying weapons.

Cops caught Stephen Donnelly carrying the sword, which was almost three-feet-long, in the street.

When he was detained, the accused told officers: “I only had it to protect my Mam.”

Donnelly, 32, was unanimously found guilty of the offence by a jury at Paisley Sheriff Court, which took about 10 minutes to reach its verdict.

He appealed against his conviction and the prison sentence passed on him by Sheriff Ruth Anderson, which he claimed was excessive.

But judges at the Court of Criminal Appeal in Edinburgh have now rejected his legal challenge against the guilty finding and the penalty imposed.

Lord Carloway said the sheriff had observed, in the area covered by the Paisley court, the carrying of knives and weapons such as swords was “all too prevalent”.

He said: “The offence of having a samurai sword in the street has to be regarded as serious, given the damage such weapons cause to members of the public. The courts – especially sheriff courts – must do what they can to reduce the carrying of such weapons, especially where it is prevalent.”

Lord Carloway, who heard the appeal with Lord Clarke and temporary judge Edward Bowen QC, pointed out Donnelly’s previous convictions included offences of assault and robbery and possessing an offensive weapon.

The appeal judges said they were satisfied the jail sentence imposed was not excessive and ordered Donnelly, who had been freed pending his appeal in December, to be returned to prison. Donnelly, of Well Street, Paisley, had been detained by police after they were instructed to attend a disturbance near his home on November 9, 2007.

The incident was picked up on CCTV cameras and officers were warned a man with a hooded top, who turned out to be Donnelly, was in possession of what was thought to be a sword.

The huge Japanese-style blade was later found under a parked car.

Donnelly claimed that he had taken the sword from his house to protect his mother, brother and himself and that it was “a scare tactic”.

He claimed at his subsequent trial he had a good reason for having the weapon in the street. But Lord Carloway said there was no imminent danger to Donnelly or members of his family by the time he was observed on CCTV carrying the sword.