Man who pulled knife in street attack spared jail

Dwayne Nicholson insisted that he was acting in self defence, a judge heard.

The 28-year-old was set upon by the attacker in Bridge Street, Walsall at 2.10am on September 7, Wolverhampton Crown Court was told.

Mr Geoffrey Dann, prosecuting, said: "Patrolling police officers became aware men were fighting and went to stop the disturbance.

"An Asian male was throwing punches at the defendant and told the officers as they reached the scene: 'Be careful, he has got a knife and has tried to stab me.'

"A member of the public pointed to a knife lying on the ground and said that it had been dropped by the defendant who was arrested."

The weapon was an open lock knife with a two and a half inch blade. Nicholson admitted that it had been in his pocket but was 'unable' to explain how it had ended up lying in the street, it was said.

Mr David Swinnerton, defending, revealed: "Soon afterwards the other man involved in the incident was arrested in a car that contained a fairly substantial amount of cocaine so he may be facing different, but more serious charges. The defendant does not know why this man had attacked him."

Nicholson from Old Pleck Road, Pleck admitted possession of a bladed article and was given an eight month jail sentence suspended for 12 months and was ordered to do 100 hours unpaid work.

Judge Michael Dudley commented: "I accept that you were attacked and must have opened the blade at some stage. I also accept that you were using it in a defensive manner but even in those circumstances the blade could cause serious injury or worse. It could have caused a fatality."