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Section 139 carrying a knife in a public place ..advice please ?
Former Member
Posts: 1,876,323 The Mix Honorary Guru
hi my former partner as recently been charged with section 139 possesion of a knife in a public place ..a fight amongst himself and another did ensue where the other party used a hammer as a weapon and my former partner used the knife in self defence and stabbed the man (none of which i find acceptable) the charge of ABH as been dropped and he is to appear at magistrates on the 30th december ..do you think with aggravating factors such as under the influence and the fact it was a weapon that was used would warrant a prison sentence in the eyes of the law ?
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I'm really sorry to hear about what's happened and it's understandable you're wondering about what the outcome will be for your former partner. Unfortunately we don't have any legal experts here however, our article on weapons and the law does state that the law is pretty harsh when it comes to carrying weapons:
We also have some info on possible court sentences that may be useful to take a look at.
Is this his first offence?
Hope you're doing okay, it sounds like it's on your mind
Factors indicating higher culpability: offender's intention
Factors indicating greater degree of harm: Circumstances or location of offence
Nature of weapon
A list of factors which can/will go against him.
Generally I think he could be looking at 6 months but sentencing can vary especially if heard at Crown.