A man has been jailed for walking down a Broughty Ferry street with a baseball bat, after a sheriff rejected his claims he had simply taken the weapon out on his daily dog walk.
Gavin Duke was spotted with the bat near his home in Strathmore Street in November.
The 45-year-old admitted having the offensive weapon without a reasonable excuse, but denied using it to assault someone.
His not guilty plea to the assault charge was accepted by prosecutors.
Sheriff Gregor Murray told Duke: “I do not accept the reason why you were in possession of a baseball bat.
“None of the circumstances suggest you were out walking a dog with a ball and bat,” he said.
“I sentence you on the basis you took it out with you on purpose.”
Duke was jailed for five months.
Criminal history
The court heard that the accused had no previous convictions for carrying weapons, but had committed 14 offences in 15 years.
The sheriff said: “The police do not accept people carrying an offensive weapon.
“In these circumstances there is no alternative to a custodial sentence available.”
The court was told Duke was walking his dog, while carrying a bat and ball, on November 29, last year.
Depute fiscal Emma Farmer said that Duke’s partner had borrowed money from a witness.
“The accused had concerns she had been taken advantage of,” she said.
Duke has since apologised to the money lender, the court heard.
Solicitor David Duncan, in mitigation for Duke, said: “He says he had only seen the gentleman in passing.
“There is no ongoing difficulty.”
