A Swindon man has been jailed for threatening to shoot a security guard just three days after he was handed a suspended sentence order.
Joseph McLaughlin, 31, of Curtis Street, Swindon, admitted one charge of threatening behaviour when he appeared via videolink at Swindon Magistrates' Court on Saturday, 26th December 2020.
Threatening behaviour is an offence under section 4 of the Public Order Act 1986. It has a maximum penalty of 26 weeks' custody and/or an unlimited fine on summary conviction.
McLaughlin appeared before District Judge Joanna Dickens at the same court only a few days earlier, on Monday, 21st December 2020.
On that occasion he was sentenced to 26 weeks' custody suspended for 12 months, for a series of offences including possession of a bladed article (see earlier news article). By all accounts he avoided an immediate custodial sentence by the narrowest of margins.
Magistrates heard that just a few days later, on Thursday, 24th December 2020, McLaughlin threatened to shoot a security guard who was working in the town's Brunel Shopping Centre.
Prosecutor Kate Prince said that the security guard was walking into the Brunel when he heard McLaughlin behind making a comment about shooting him.
The guard turned around and asked McLaughlin what he had meant, to which he raised his arms as if to aim a rifle and replied "I'll shoot you too".
The guard said that McLaughlin had previously made threatening comments and was often ejected from the Brunel for being drunk.
The troubled 31-year-old, who was sporting dyed ginger hair, was arrested by the police and made full admissions in interview.
Gordon Hotson, mitigating, said his client had been going to withdraw some money over the counter from the bank, but had become frustrated when he arrived too late.
"He was walking through town listening to some - I think the phrase is 'gangsta rap' - on a portable Bluetooth speaker," Mr Hotson said.
"That is music that is quite negative and that contributed to his already irritated mood."
He reiterated his earlier representations to Judge Dickens that McLaughlin was an alcoholic and the sudden withdrawal caused by custody could potentially kill him.
He asked Magistrates to consider making the terms of the existing suspended sentence order more arduous, as an alternative to immediate custody.
Magistrates were unswayed by Mr Hotson's request.
They decided to activate McLaughlin's 26 week suspended sentence in full, to be served concurrently with 4 weeks' custody for the new threatening behaviour offence. Perhaps there was a little Christmas spirit on the bench, because the 4 weeks could have been made consecutive instead.
Presiding Justice Rachel Gowshall said: "You were placed on a suspended sentence order on the 21st of this month and within a very short period of time you've breached that order.
"You would have been told very clearly the rules of the order and the consequences if you didn't stick to those rules and now we find ourselves with another offence in a short period of time."
McLaughlin was ordered to pay £85 towards prosecution costs and £128 victim surcharge.
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