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5:19pm Friday 4th July 2008
A masked raider who cut a man as he tried to rob a convenience store has been remanded in custody by a judge.
David Blakey held a weapon to a shop assistant's neck and demanded whisky from the shopkeeper during the incident in Gorse Hill last month.
But the 20-year-old is still facing a trial as he denied using a knife in the attempted robbery claiming he was holing a piece of sharp plastic to his victim's throat.
A judge will now decided who is telling the truth during a trial of issue after the court ruled it would make a difference to the length of sentence.
Colin Meeke, prosecuting, told Swindon crown court how Blakey tried to rob VK Stores on Cricklade Road on Sunday June 22.
He said the raider burst through the door and grabbed Isfaq Hussain round the neck holding a sharp weapon to his throat.
Giri Sithiparanathan saw what he believed to be a knife in the hands of the masked man, later telling police he thought it was a Stanley blade of craft knife.
As a result of the attack Mr Hussain suffered a one inch long to the left side of his neck and another close to his left eye.
He said the Crown could not accept that it was not a knife or blade being used rejecting Blakey's claim that it was a sharpened piece of plastic.
Andrew Hobson, defending, said his client accepted everything the prosecution said is correct except for the issue of what the weapon was.
He said his client was wearing a scarf over his face and head indicating he accepted a degree of planning.
Mr Hobson said also admitted holding the weapon to the victim's throat and that he was cut by it during the incident.
"The only issue is whether it was a blade or a piece of plastic capable of creating the injuries," he said.
Blakey, of Beech Avenue, pleaded guilty to charges of attempted robbery and actual bodily harm.
Adjourning the case Judge William Hart said he felt the issue over what the weapon was would make a material difference to sentence.
He said "If he is a knife carrier he is a far more dangerous character than having a piece of plastic; can you really argue with that in the present climate."
The judge said the hearing would not take place until September and remanding Blakey into custody said the delay would not affect what happened to him.
He told him "There is no prejudice to you as you are bound to receive a custodial sentence in due course for these offences and you will be remanded in custody now."
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