Law quirk sees Barrhead man set 'absolute discharge' challenge after knuckle duster discovery
Kieran MacDonald's lawyer
A young Barrhead man has been warned to be of good behaviour after cops found a knuckle duster in his home when they were looking for a missing person.
Officers turned up at Kieran MacDonald's Graham Street address in September last year looking for a person who had been reported missing. Instead of locating the individual, cops found a knuckle duster on the 21-year-old's kitchen worktop.
The procurator fiscal depute told Paisley Sheriff Court yesterday: 'Around 2.30am on September 3 last year, police constables Bradford and McCluskey attended the accused's home address looking for a missing person.
'MacDonald let officers into the property and, while police were standing in the kitchen area, they observed a knuckle duster on the worktop.
'The accused was placed under arrest, handcuffs were applied and he was taken to the police station where he made no reply to caution and charge.'
Defence agent Terry Gallanagh asked the court to consider deferring sentence for MacDonald to be of good behaviour with the view of granting an absolute discharge if he stuck to his part of the bargain.
Mr Gallanagh explained an amendment made to the Criminal Justice Act legislation in 1988 meant that, previously, MacDonald wouldn't have been committing an offence.
He said: 'In all my 30 years of practice, I've never come across this section of legislation. The amendment means that, prior to this, this wouldn't have been an offence. He has no previous convictions and nothing outstanding.'
Mr Gallanagh explained MacDonald – who attended court with his grandmother – wasn't 'a violent person' and that he 'never used nor intends to use' the knuckle duster.
He added: 'He tells me he had the knuckle duster for a considerable period of time and there's no real explanation as to why it got there. He intends to go to college and has aspirations to do electrical or mechanical engineering.
'Mr MacDonald fears a conviction would stop him in those tracks and so I ask the court to stop short of a conviction and defer sentence and consider an absolute discharge.'
Sheriff Kevin Duffy stated: 'You've pleaded guilty to this matter which, on the face of it, is a serious matter.
'It wouldn't have been an offence previously and that's why your solicitor has cared to point this out, but there has been an amendment to the section, and it is now.
'Given the absence of any previous record, I am persuaded I can put you to the test.
'Without proceeding to conviction, I will defer sentence for good behaviour for six months and if you have been, the court will consider an absolute discharge in this matter. But that is up to you to prove you can be of good behaviour.'
Sentence was deferred for MacDonald to be of good behaviour until December 18.
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Law quirk sees Barrhead man set 'absolute discharge' challenge after knuckle duster discovery
Kieran MacDonald's lawyer A young Barrhead man has been warned to be of good behaviour after cops found a knuckle duster in his home when they were looking for a missing person. Officers turned up at Kieran MacDonald's Graham Street address in September last year looking for a person who had been reported missing. Instead of locating the individual, cops found a knuckle duster on the 21-year-old's kitchen worktop. The procurator fiscal depute told Paisley Sheriff Court yesterday: 'Around 2.30am on September 3 last year, police constables Bradford and McCluskey attended the accused's home address looking for a missing person. 'MacDonald let officers into the property and, while police were standing in the kitchen area, they observed a knuckle duster on the worktop. 'The accused was placed under arrest, handcuffs were applied and he was taken to the police station where he made no reply to caution and charge.' Defence agent Terry Gallanagh asked the court to consider deferring sentence for MacDonald to be of good behaviour with the view of granting an absolute discharge if he stuck to his part of the bargain. Mr Gallanagh explained an amendment made to the Criminal Justice Act legislation in 1988 meant that, previously, MacDonald wouldn't have been committing an offence. He said: 'In all my 30 years of practice, I've never come across this section of legislation. The amendment means that, prior to this, this wouldn't have been an offence. He has no previous convictions and nothing outstanding.' Mr Gallanagh explained MacDonald – who attended court with his grandmother – wasn't 'a violent person' and that he 'never used nor intends to use' the knuckle duster. He added: 'He tells me he had the knuckle duster for a considerable period of time and there's no real explanation as to why it got there. He intends to go to college and has aspirations to do electrical or mechanical engineering. 'Mr MacDonald fears a conviction would stop him in those tracks and so I ask the court to stop short of a conviction and defer sentence and consider an absolute discharge.' Sheriff Kevin Duffy stated: 'You've pleaded guilty to this matter which, on the face of it, is a serious matter. 'It wouldn't have been an offence previously and that's why your solicitor has cared to point this out, but there has been an amendment to the section, and it is now. 'Given the absence of any previous record, I am persuaded I can put you to the test. 'Without proceeding to conviction, I will defer sentence for good behaviour for six months and if you have been, the court will consider an absolute discharge in this matter. But that is up to you to prove you can be of good behaviour.' Sentence was deferred for MacDonald to be of good behaviour until December 18.
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