A Paisley man has been jailed for brandishing a knife at a former pal.
Ryan Luby, who has three previous convictions for assault to injury, used a kitchen knife on August 24 in a bid to get a former friend to leave his property.
The 39-year-old and the pal had a verbal altercation in Kilnside Road and he claims he took the knife out into the street in a bid to “get him to leave”.
The procurator fiscal depute told Paisley Sheriff Court: “Around 3.15pm on August 24, Mr Brown attended at Kilnside Road on a motor scooter. The accused exited his home and entered the street when a verbal altercation took place.
“The accused was in possession of a kitchen knife, pointing it at Mr Brown and brandishing it. He was shouting and swearing aggressively as well.
“This incident was observed by two witnesses and one filmed it on their phone and called police. The incident was around two minutes long and Luby returned inside his property and Brown drove off.
“Police attended, viewed the footage and traced the accused in a garden. A search was carried out with nothing recovered. He was cautioned, charged and taken to custody where he was held for court on Monday, August 26.”
Defence agent Ruth Wallace told the court Luby knew his victim as they had previously been friends. She explained: “There had been an ongoing dispute and the complainer advised he was coming down to Mr Luby’s property.
“That’s where he lived with his mother who had recently suffered a stroke and he was her carer. Mr Luby’s view is the complainer had previously carried weapons and he exited the property with a knife. He accepts he shouldn’t have taken the knife out with him and he accepts that can heighten things and have catastrophic consequences.
“It was his intention to get him to go away from his mother’s property, he didn’t intend on using the knife. When Mr Brown didn’t leave, Mr Luby removed himself from the situation and went back inside.
“His record means you can deal with this today and it’s accepted the 2019 and 2009 convictions will cause the court concern.”
Sheriff Colin Pettigrew slammed Luby, stating: “When you have three convictions of assault to severe injury, two at sheriff and jury level and one at the High Court, the court has to be concerned.”
He added: “For this offence, given your record, there can only be one disposal and that is a custodial sentence. This could have escalated. Fortunately for you and any potential victim, it did not.”
Luby, described as a prisoner of Low Moss jail, Bishopbriggs, East Dunbartonshire, was jailed for 18 months – backdated to his date of remand on August 26.
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