A PSYCHOPATH who killed his neighbour with a Kalashnikov rifle and was released from an indefinite sentence five and a half years ago because of a loophole in Scottish law was back behind bars yesterday after threatening the life of his mother.

Noel Ruddle, 50, was only two days into an 18-month community rehabilitation order for threatening to kill a man when he committed his latest offence.

A court was told that he had been ordered to live with his 82-year-old mother in Epsom, Surrey, as a condition of the order and she had reluctantly agreed to give him a room.

However, just 48 hours after moving in, he called his sister to tell her that he would like to kill the old lady and had seriously thought about doing it the previous night.

The sister was so alarmed that she called the police and Ruddle - who shot dead his neighbour James McConville in Gorbals, Glasgow, 13 years ago - was eventually sentenced to 160 days' imprisonment at Reigate magistrates' court for communicating a message to his mother which was menacing in character.

Details of the case emerged yesterday as Ruddle successfully appealed against the sentence.

The court reduced it to 120 days because it was felt he had not received enough credit for pleading guilty.

During the appeal at Guildford Crown Court, Mr Jeffrey Widdup, for the Crown, said Ruddle had agreed with some hesitation to live at his mother's home as a condition of the community rehabilitation order.

It was imposed by Chichester Crown Court on March 17 for threatening to kill the man, known only in court as Ronnie.

Mr Widdup said: "Two days later on Saturday, March 19, Ruddle

telephoned his sister who noticed her brother seemed rather drunk.

"She asked how he was and he replied, 'How do you think I am? I can't cope here living with her'."

Ruddle then added: "I would like to kill her. I seriously thought last night about killing her. It would save a lot of problems if we got the money from her property.

"His sister was extremely alarmed and informed the police who shortly afterwards went to the flat and arrested him."

Mr Widdup said that, as Ruddle had pleaded guilty he was entitled to the maximum credit and the sentence should be reduced to 120 days, describing the 160- day sentence as "inexplicable".

Rodger Bristow, representing Ruddle said the threat was "made through drink without any intention of carrying out".

He added: "It was meant almost as a joke on his part.

Unfortunately, because of his previous character it was not taken as a joke by the police."

Judge John Bull QC said the offence on March 19 was a "flagrant disregard" of the crown court order but agreed to the sentence reduction.

Ruddle, whose previous convictions date back to the 1970s, was sent to Carstairs in 1992 after admitting the culpable homicide of Mr McConville.

Ruddle claimed he had gunned down his victim after voices in his head he called "the evil set" told him to kill with the Gulf war rifle he had bought in a pub.

After seven-and-a-half-years detention, he was freed when his lawyer spotted a loophole, which has since been plugged, that any psychiatric patient considered untreatable could not be incarcerated.

Sheriff John Douglas Allan granted him an absolute discharge at Lanark Sheriff Court in August, 1999.

Ruddle moved to Surrey, where his drug and drink addiction is said to have spiralled out of control.

In April 2001, he was give a three-year community rehabilitation order at Guildford Crown Court after he pleaded guilty to threatening to kill a Catholic priest.