MAGISTRATES have dismissed an allegation against a Stratton man that he assaulted a constable in the execution of his duty but he was given a custodial sentence for possessing a samuri sword in a public place.

Mr Matthew Ronald Bryant, aged 19, of St Michael's Road, Stratton, pleaded not guilty to the allegation of assaulting Constable Julian Morris related to March 22 this year at Bude.

No evidence was offered and the case was dismissed by Bodmin Magistrates on April 28.

Mr Bryant did indicate a plea of guilty to possessing a samuri sword with a blade length of ten inches at Elizabeth Road, Bude on April 18, contrary to the Criminal Justice Act, 1988.

He was committed to a Young Offenders' Institution for 100 days because, said the magistrates, the offence was so serious, it was his third conviction for a similar offence, and due his unwillingness to comply with a community penalty.

They ordered the sword to be forfeited and made a destruction order under the Public Order Act, 1986. They said the defendant's guilty plea was taken into account imposing their sentence.

No order was made for costs in view of the custodial sentence made.