Two brothers who were involved in a melee with a knifeman on the street have been locked up for six months.
Burnley Crown Court heard how Paul Dwyer (34), and father of two, Michael Dwyer (28), were in an early afternoon confrontation with the man on Smith Street, Nelson, lashing out towards him. Paul Dwyer was armed with a nun chuka and Michael Dwyer smashed a house window.
The brothers fled when police arrived, but were later arrested. Paul Dwyer threw the nun chuka over a garden wall and Michael Dwyer claimed he had done nothing at all. Both were taken to the police station, interviewed and made no comment.
Paul Dwyer, of Phillip Street, Barnoldswick, and Michael Dwyer, of Townley Street, Colne, both admitted affray, last November 14th. Both have records and Paul Dwyer has more than 145 previous convictions.
Martin Hackett, for Paul Dwyer, said he would say the man with the knife had come to a house on the street to get some drugs. Dwyer picked up the nun chuka and the incident spilled out into the street. The barrister added: “It was an ugly incident. He accepts it has to be custody.”
For Michael Dwyer, Philip Holden said the defendant and his brother were at the house when the man, a long standing heroin addict, turned up to buy drugs. There was an argument between his brother and the man and he went to help his brother. Mr Holden continued: “He didn’t have any weapon himself. He accepts breaking the window. His role was to assist his brother and be present.”
Sentencing, Judge Beverley Lunt said there was no doubt the other man was wielding a very large knife, but the defendants nevertheless were out in the street, shouting and swearing.
She told the Dwyers that with their records, it had to be custody. The judge continued: “This behaviour isn’t acceptable. You know it’s not acceptable.”