Axe was for chopping wood

A HOMELESS man from Runcorn has had a prison sentence overturned after a court heard that an axe he had was not a weapon but was for chopping wood.

Scott David Lindsay, 51, last address Muncaster Court, Castlefields, was arrested at Asda on West Lane on September 21 after security spotted him trying to steal £11.46 of food in a bag at around 3.45pm.

Lindsay was charged with theft and possession of an offensive weapon, and two days later he pleaded guilty to theft and having an offensive weapon when he appeared at North Cheshire Magistrates’ Court in Warrington.

On October 14 when he was due to be sentenced, District

Judge Bridget Knight vacated the weapons possession plea, and then on October 17 Lindsay instead pleaded guilty to having a bladed article in a public place.

He was sent down for eight weeks, and lodged an appeal against sentence four days later.

At Chester Crown Court on Friday,

October 25, defence counsel Gareth Bellis said the axe was for chopping wood and had been inside a plastic sheath, wrapped in a sleeping bag, which in turn was inside a bag, and therefore did not present any practical threat.

Simon Leon, representing the

Crown, said that when stopped at Asda and asked if he had anything else other than the food, Lindsay had replied that he had an axe and it was for chopping wood but he forgot it was in there when he picked up his bags.

Mr Leon said the defendant had numerous past convictions including for 27 theft offences.

Judge Simon Berkson noted that none of his convictions was for violence or weapons and said ‘the evidence tends to suggest he’s a homeless man’.

The judge replaced the immediate prison sentence with eight weeks in prison, suspended for 18 months, with a community order with 10-day rehabilitation requirement and six-month drug rehabilitation requirement.

Lindsay was due to be released from custody later on Friday.