A father-of-11 who was caught for a second time with an offensive weapon has avoided a mandatory jail sentence due to the impact it would have on his family.

Araf Hussain, 45, was stopped by police while walking his dog on Pickup Street in Accrington at 11pm on September 8 last year after the officer mistakenly thought it was a banned breed.

However Burnley Crown Court heard how Hussain was searched after he seemed ‘very uneasy and nervous’ and his voice was ‘shaky’ and they found a 3.5 inch lock knife in his pocket.

Emma Kehoe, prosecuting, told the court how Hussain initially told the police he was given the knife about two years and he ‘forgot’ he had put it in his pocket, but then changed his story to say he had it two months ago and was going to use it to ‘cut some onions’.

Self-employed painter and decorator Hussain pleaded guilty to possessing an offensive weapon and was given a 144-day jail sentence, suspended for 12 months.

The court heard how Hussain was in breach of a suspended sentence order imposed following a conviction for affray and possessing an offensive weapon in May 2014.

Miss Kehoe said during that offence Hussain, of Stevenson Street East, Accrington, was involved in a street brawl and was armed with a cricket bat.

The court heard after the latest offence Hussain had fallen foul of new legislation introduced last year to impose a minimum six-month jail sentence for people caught twice with offensive weapons.

However Simon Gurney, defending, said it would be ‘unjust’ to activate the minimum sentence due to his personal circumstances.

He told the court that Hussain is a ‘family man’ with 11 children and he is expecting a twelfth child later this year.

He said: “He is the sole bread winner for the family and his wife is expecting. Without him the family has no income. He is also a carer for a friend with mental disabilities.”

Mr Gurney said Hussain’s explanation for the knife to police ‘didn’t make a great deal of sense’ however he ‘insists’ he didn’t taken the knife out with him ‘for any violent purpose or self defence’.

Sentencing, Judge Beverley Lunt said: “I’m entirely satisfied it would be unjust bearing in mind all your personal circumstances, the circumstances in which this knife was found and your previous conviction, to impose custody immediately.”