Case Details
Charges
The defendant was charged with offences relating to the possession of offensive weapons and drugs:
Count 1: Possession of a Bladed Article in a Public Place (Kitchen Knife).
Count 2: Possession of a Controlled Drug of Class B.
The charges arose from an incident where the defendant was reported to be carrying a knife and behaving aggressively in a public setting.
Situation
Police received reports of a male carrying a knife near a homeless shelter. The evidence indicated that the defendant had entered the shelter seeking a room. Upon being refused entry, he produced a kitchen knife and began swinging it, threatening staff members.
When officers located the defendant, he immediately admitted to the offence, stating he was aware it was illegal to carry the blade. A subsequent search revealed the kitchen knife, a small quantity of Class B drugs, and a sock containing a hard metal object. In his Defence Statement, the defendant initially claimed the knife was for protection and food preparation during Ramadan
Defence Strategy
Mitigation Strategy
Given the defendant's admission at the scene and the witness testimony regarding the threats, the defence advised a Guilty plea to maximize credit for early cooperation.
Our strategy at sentencing was to contextualise the behaviour. We highlighted the defendant's homelessness and vulnerability as contributing factors to his possession of the items, moving away from the prosecution's narrative of malicious intent to cause injury. The focus was on limiting the custodial term to the shortest possible duration.
Outcome
Sentencing Outcome
On 21 May 2024, the case concluded at Birmingham Crown Court. The Judge imposed a total custodial sentence of 5 months.
Considering the statutory starting points for "threats with a bladed article" (which often attract mandatory minimum sentences of 6 months or more depending on history), this result reflects successful mitigation by the defence team.
