A MAN has successfully urged a judge to be merciful to the brother who jabbed a knife at him during an early morning argument in the street.
Adam Hart, 27, will spend half a year under a house curfew instead of in a prison cell thanks to a letter written by Daniel Hart, York Crown Court heard.
But the 27-year-old could still find himself behind bars if he doesn’t behave himself for the next 18 months.
Mark Styles, prosecuting, said the two brothers argued at 5.20am on Sunday, March 30, outside their mother’s home in Fifth Avenue. Adam Hart went back into the house to fetch a knife which he jabbed towards his brother at the junction of Tang Hall Lane and Fifth Avenue.
Adam Hart, of Bracken Hill, Osbaldwick, pleaded guilty to carrying a knife in public and a public order offence.
As Daniel Hart watched from the public gallery, he was given a nine-month prison sentence suspended for 18 months on condition he does 120 hours’ unpaid work, observes a curfew from 8pm to 6am every Friday and Saturday for the next six months and doesn’t reoffend.
The Recorder of York, Judge Stephen Ashurst, said: “For those who possess blades in public without a good reason there has to be a prison sentence in principle.
“What is unusual in this case, is that your brother, who in my view is the direct victim of that offence, has written a very short letter to me in which he comes to your assistance and invites me to take this into consideration, that it was completely out of character for you.”
He made the curfew specifically to stop Adam Hart binge drinking as his behaviour had been influenced by his heavy drinking in the hours leading up to it.
For Hart, Richard Minion said the two brothers had been rebuilding their relationship since the incident.
Adam Hart had been drinking to deal with his depression rather than seeking proper medical help.