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A masked man who armed himself with an axe before trying to rob an antique store has walked free from court.

John Lynch and an accomplice stole the weapon from a hardware store minutes before covering their faces and trying to steal from the neighbouring shop.

But a judge at Swindon crown court told the 27-year-old "I'm a softie," as he decided not to send him straight to prison.

Instead Recorder Duncan Adam imposed a one year suspended sentence to allow Lynch, who was on a drug rehabilitation order at the time of the offence, to go on another one.

Robin Shellard, prosecuting, said on Friday June 15 Lynch and a second man, Barry Middleton, were spotted stealing an axe from Wilkinson's in Trowbridge.

He said the theft took place at 12.46pm and at about 1pm Lynch and another man tried to rob The Old Sweet Works in nearby Church Street.

Michael Lojko, the shop's owner, was in the back of the premises when he heard a shout from the front and went to investigate.

He was confronted by a hooded man wearing a mask who demanded "Let's have the money".

Mr Shellard said "Mr Lojko was indignant rather than frightened and pushed him back."

He then saw a second masked and hooded man who rushed forward and grabbed at the victim's shirt pocket saying "Give us the money".

Following a short struggle the two men ran from the shop, the police and the axe and a bit of cloth with Lynch's DNA on it were recovered.

Both men were arrested and questioned by the police but made no comment in interview.

Lynch, of Pickwick Road, Corsham, pleaded guilty to theft and attempted robbery. The court heard he had a history of crime including two robberies.

Middleton, 29, of Magnolia Rise, Calne, admitted the theft but pleaded not guilty to the more serious offence which was dropped by the Crown.

Paul Grumbar, defending, said his client felt a sense of grievance that he was standing alone to face sentence for the crime.

He said the other man was the driving force behind the offence and Lynch had stupidly gone along with it to help him out.

The two men had been on the same drug rehabilitation course and were going to get their luncheon vouchers when the offence took place, he said.

At the time he said Lynch had plenty of money in the bank and was days from the end of successfully completing his six month order.

However Middleton, he said, had recently been convicted of having drugs so was still using heroin needing money.

He added that Lynch was nervous about coping when the order ended and was "befuddled" on the day of the offence because of tranquilisers he had been prescribed.

Mr Grumbar said Lynch was on the verge of starting a new life with his partner and urged the court to consider not sending him back to prison, where he had spent six months on remand.

Agreeing the judge told Mr Grumbar "I'm a softie, you've persuaded me. I'm persuaded; I'm going to stick my neck out".

He said the defendant's exemplary pre-sentence report, family commitments, good references, grievance over the other man and to stop prison overcrowding.

"I am going to take the cheaper option which the Treasury I hope will approve of," he added.

Saying the case was exceptional he said "It is important that members of the public in Wiltshire know that if someone goes into a shop with an axe with hoods, demands money, threatens violence, that the culprits will go to immediate custodial sentences."

As well as the one years suspended sentence he imposed a 9pm to 6am curfew for five months, a six month drug rehabilitation requirement, an 18 month supervision order and 100 hours of unpaid work.

The judge told him "I am sticking my neck out for you. I may well receive criticism if the matter is taken to a higher court, I don't know. My reputation is being put on the line for you."

3:26pm Monday 17th December 2007

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