A 68-year-old former Royal Marine who was illegally kept in custody for four weeks has walked free from court with an 18-month suspended prison term for making threats to kill his wife while holding an eight inch knife in his hand.

John Houston’s marriage had ended in April this year due to his excessive drinking, which resulted in him becoming abusive towards her, Gloucester Crown Court was told on Friday (June 30).

Houston’s wife temporarily moved out of their home in Newnham for a few weeks, giving him a chance to find alternative accommodation.

“When she returned to the home on May 9 she discovered that Houston had made no attempt to leave or even find alternative accommodation,” said prosecutor Emily Evans.

“During the heated exchange that ensued Houston took a phone call and afterwards his wife questioned him about it.

“She thought he might finally be realising he needed some help. However, he returned from the kitchen with an eight-inch bladed knife saying, ‘I’m going to kill you’, as he approached his wife.

“She fell onto the sofa and Houston pushed her deeper into the sofa so she could not move.

“He then pointed the knife towards her chest, and said to her, ‘I’m going to put this knife into your heart. Are you scared?’ She told him to stop, knowing that the blade was digging into her skin, and said that he was scaring her.

“Houston duly obliged and let her go and she ran out of the house and called the police. Houston admitted what he had done when he was being arrested, but when he was formally interviewed he gave a no comment police interview.”

Holly Burton, defending, explained that Houston had been a Royal Marine for 12 years and an orthopaedic NHS nurse in Bristol and Gloucester.

“He states that he didn’t realise that he had a problem with alcohol and that he had become dependent on alcohol for the past 10 years. He also phoned the police when his wife ran out of the house, because he was so shocked about his behaviour.

“However he had been remanded into custody by magistrates but was granted bail by this court in May but the paperwork never got to the prison authorities for him to be released.”

The first that Judge Michael Longman knew of the mix-up which had deprived Houston of his liberty was when the defendant appeared in the dock from the cells below rather than through the public doorway.

Judge Longman told Houston that for a ‘wealth of reasons’ the case should be adjourned and added: “We seem to have found ourselves in an unfortunate situation. You should have been released on May 12, subject to those bail conditions.

“I’m sorry to say that the court did not notify the relevant authorities, which has meant you have been kept in custody since then for which I apologise on behalf of the court.”

Ms Burton added: “Having spent that time in prison, Houston is now sober and the Probation Service believe he could be managed in the community. What is clear is that Houston accepts his offending and has no valid excuse for his behaviour.

“Houston is currently in limbo and has spent the last few weeks living in a hotel in Stroud, at his own expense, while alternative arrangements can be made. This arrangement is due to end shortly. Houston has taken his own steps to rehabilitate himself.”

Houston told the court that he was a corporal with the Royal Marines having served in Northern Ireland and the Falklands between 1975 and 1984 and that had been a reservist until 1987.

Houston added: “I’d prefer not to repeat the experience of being in custody again. I had no idea I was becoming an alcoholic. It was a gradual dependency on drink. I didn’t realise I had a problem as I was under stress about personal issues and financial worries because I had just started my own business.

“I have no excuse for my actions. I am just a weak-willed idiot.”

Houston pleaded guilty to a charge of making a death threat to his wife in Newnham on May 9.

Judge Ian Lawrie KC told Houston: “I’m not sending you to prison today, because you’ve already served time in custody. However this doesn’t remove the gravity of what you’ve done in assaulting you wife with a knife and she wasn’t to know if you’d actually use it as you had threatened or not.

“It is clear that because of your alcoholism you were not yourself. It appears that your behaviour was completely out of character and you’ve caused a significant amount of emotional damage to your wife.”

The judge took into account his honourable discharge from the military, his career with the NHS and the four weeks in custody “which I am sure would hav been an alarming experience.”

The judge sentenced Houston to a prison term of 16 months, suspended for 18 months. He must pay court costs of £200 and a mandatory surcharge, complete 30 programme days, 10 rehabilitation activity requirement days and a 120-day alcohol abstinence requirement. Houston was also subjected to a five-year restraining order not to contact his wife except through a lawyer.