• for defendant charged with possession of a bladed article

This was his second bladed article offence so subject to the statutory minimum sentence of 6 months custody. The Crown were applying for a Serious Violence Prevention Order.

The facts

A member of the public called the police to say that there was a male banging on her door shouting and swearing with a knife in his hand.

The defendant was stopped by the police as he was told he matched the description given.

When informed he was to be searched he told the police he had a knife in his pocket and some cocaine.

In interview he admitted that he had purchased cocaine, he admitted possession of the knife explaining that he had forgotten that it was in his pocket but he denied the public order offence. He was fully co-operative and gave a full account.

In court, he pleaded guilty to the possession of the knife and cocaine.

He had a previous conviction for possession of a bladed article from 2000.

Crown were seeking a statutory sentence of 6 months imprisonment and a Serious Violence Prevention Order.

The argument

The defence objected to the imposition of the statutory minimum sentence on exceptional grounds;

There was 24 years between the two bladed article offences,

The first bladed article offence was as a youth

also

The defendant had a 19 yo son with mental health issues, who was dependent on him,

Probation do not view this current offence as an escalation in offending

Last offence 2021 – driving matter

Before that 2011 – driving matter

Before that 2005 – driving matter

Decision

The magistrates were satisfied that there were exceptional circumstances not to impose the statutory minimum sentence of 6 months custody.

Serious Violence Prevention Order

This was objected to by the defence, and so there was a full hearing regarding this.

The defence successfully argued that;

Whilst a member of the public called the police to report a male banging on her door with knife in hand shouting and swearing. A statement had not been served and no description had been given.

Whilst the defendant had admitted the possession of the knife and cocaine he denied being the person banging on the door of the person who called the police. He was unable to challenge this accusation as no statement was provided.

It was disproportionate and unreasonable to make the order on these grounds.

The magistrates agreed that on the balance of probabilities, they were not satisfied that it was reasonable and proportionate to make the order and refused the application.

Sentence

The defendant was sentenced to a 12 month Community Order.

With requirements to complete a 12 month DRR, and 12 RAR days.

£100 fine for the cocaine.