A GAINSBOROUGH man, who wielded a Samurai sword in the street during a house party as two of his guests became embroiled in a row with a neighbour, has failed in an Appeal Court bid for freedom.
Michael Hooton, 46, of Albany Street, appeared at his front door with the weapon after a bottle was smashed in the street outside his home in July 2008.
One of his guests ordered him inside, which he initially did – only to reappear some minutes l
ater, still holding the sword.
He eventually went back in after which the police were called and he was arrested.
London’s Criminal Appeal Court heard last week that the whole incident was witnessed by one of Hooton’s young neighbours – a seven-year-old boy.
Hooton admitted affray and possessing a bladed weapon and was jailed for 12 months at Lincoln Crown Court in March this year.
He has previous convictions for possessing a bladed article and common assault, the court heard.
Lord Justice Scott Baker heard that Hooton's bail conditions prohibited him from returning to his home address, leading him to lodge with a friend, while also still attempting to keep up the payments on his mortgage.
But he had been unable to pay both rent and the mortgage, and was now faced with the threat of repossession, Lord Justice Baker said.
Hooton’s barrister said he had been making the best of his time in prison, becoming a tutor for a building course, and that he had not been given enough credit for his guilty plea.
He urged the judges to impose a suspended sentence in place of the jail term.
But Lord Justice Baker refused the appeal, and said the offence had been particularly aggravated by the fact that it was witnessed by a young boy.
“This 12-month sentence is fully justified for the circumstances of these serious offences and this appeal will be dismissed,” he said
