South Tyneside man caught carrying a knuckle duster 'for his own protection' in second weapon offence in four years

James Atkinson, 24, was found with a knuckle duster at Berkley Way, Hebburn, on Tuesday, July 20, which he claimed he needed for protection.

Atkinson, of Walsh Avenue, Hebburn, had offered up the same excuse when arrested for having a folding lock knife in July 2016, for which he was fined, a court heard.

Deputy District Judge Alex Boyd said he was compelled by law to consider jailing Atkinson for a minimum of six months for his second weapons offence.

He instead handed him a suspended sentence – but warned him he would end up behind bars if he failed to heed his words.

Judge Boyd jailed Atkinson for 20 weeks, suspended for 18 months, and ordered him to complete 15 days of rehabilitation work with the Probation Service.

Prosecutor Lesley Burgess told South Tyneside Magistrates’ Court Atkinson was also found carrying illegal cannabis and amphetamine drugs.

She added: “The police have spoken to him about a report of a knife. He had a knuckle duster in his pocket.

“There was cannabis in a box, and there was a bag which was tested which had amphetamine.

“He has a relevant previous conviction from 2016, when he pleaded guilty to possession of a bladed article.

“He was found to have a knife and told police it was for his own protection. It’s exactly what he’s saying now in relation to the knuckle duster.”

David Forrester, defending, told the court Atkinson had ADHD and mental health issues – and could be bipolar.

He added: “He was clearly on a substantial downward spiral. He had somewhat of a pep talk from me about where the law placed him for this offence.

“This offence was due to him feeling unsafe and carrying for protection. He doesn’t display as a threatening person.

“His thought processes that he adapted were flawed and wrong.”

Atkinson pleaded guilty to possession of an offensive weapon in a public place, possession of controlled Class B amphetamine and possession of Class B cannabis.

He must also pay £85 court costs and a £128 victim surcharge.

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