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8:31am Monday 21st May 2007 in Swindon By Gazette Reporter
A teenager who went home to get a knife before stabbing a man outside a pub has walked free from court.
The 17-year-old, who cannot be named for legal reasons, had earlier been thrown out of the Moonrakers for fighting with his victim.
After popping to his home nearby to arm himself with a kitchen knife he returned to the scene and plunged the blade into victim Bradley Davies.
But rather than impose a jail term Judge John McNaught, sitting at Swindon Crown Court, put him on a two-year intensive supervision and surveillance programme.
In passing sentence he recognised it could be deemed too lenient and appealed against saying: We'll give it a try: unless the Attorney General takes a different view."
Colin Meeke, prosecuting, said the victim and defendant were part of a group who socialised together.
He said they had both been drinking in the Cricklade Road pub on the night of Friday, March 23 before the incident happened.
Shortly before 11pm Mr Davies went over to a sofa where the defendant was sitting and may have nudged him.
Mr Meeke said both had been drinking and had different accounts of how their arguments started but after exchanging words they started to fight and were thrown out of the pub.
He said Mr Davies hung around outside the pub for a while and tried to get back in but was refused so went across to Clive Parade with friends.
The victim said he then saw his attacker walking towards him from the direction of the pub and then heard him shout something.
After shouting back the two started to brawl again and Mr Davies hadn't realised he had been stabbed until they stopped fighting.
He told police his stomach felt wet and when he looked down he saw he had been stabbed and an ambulance was called to take him to the Great Western Hospital.
Once there he was found to have a stab wound which was too deep to be examined under local anaesthetic so had his abdomen scanned.
Mr Meeke said the wound appeared to have missed all the vital organs so surgery was not required and it was sutured.
When the police arrived to arrest the defendant he was visibly shaking and told officers: "I lost my temper. I didn't start it. He started it. I stabbed him."
His mum told how he had come home looking battered and bleeding a little and told her he had been in a fight and stabbed someone.
She confirmed that a kitchen knife was missing and the boy told officers where to find the handle, which had broken away from the blade.
The teenager pleaded guilty to a charge of wounding with intent.
Rob Ross, defending, said his client was full of remorse for what he had done and realised the seriousness of the situation.
He said: "He can't really believe he did this. His contrition is genuinely the most I have seen in years."
On the night of the incident he said he had taken pain killers before going out drinking and was punched in the face by the victim.
Mr Ross said the court had to weigh up the alternative of jailing him and sending out a message to the public or passing a community penalty to help his client.
He said the teenager had been bullied at school and custody may do him more damage than good.
Passing sentence the judge said: "By rights I ought to be sending you to prison today." He told him: "We keep hearing in the news and keep reading in papers about young people carrying knives.
"Terrible things happen. Knives are carried, they get used and people die sometimes. If you had used the knife in a slightly different way this man could have died and you would be facing a murder charge and you could be facing years and years in prison."
He added: "I am not sure I should, but I am taking a big risk with you. If you go and do something else not only will you end up in prison for a long time I will feel responsible for that so don't let me down."
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