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Section 139 carrying a knife in a public place ..advice please ?

Former MemberFormer Member Posts: 1,876,324 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 ?

Comments

  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Hi katy,

    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:
    It’s illegal to carry any knife in public, even if you’re not behaving in a threatening manner and don’t plan to use it. You can face a penalty of four years’ imprisonment and a £5,000 fine for doing so.

    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 :(
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    I could easily see jail time resulting from this. I'd say he is bloody lucky it was dropped down to that. Being drunk or under the influence will be a big aggravating factor going against him. Is it being heard at magistrates or crown court?
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    AGGRAVATING FACTORS
    Factors indicating higher culpability: offender's intention
    • Particularly dangerous weapon.
    • Specifically Planned use of weapon to commit or threaten violence or to intimidate others.
    • Offence motivated by hostility towards minority individual or group, based on race, religion or gender.
    • Offender having weapon whilst under the influence of drink or on drugs.
    • Offender operating in a group or gang

    Factors indicating greater degree of harm: Circumstances or location of offence
    • School, hospital, or any other place where vulnerable people may be present.
    • If committed at a large public gathering especially where there is a risk of disorder.
    • If committed on Public transport, on licensed premises, or business premises where public services are performed, as in a doctor's surgery, or where public servants perform their duties.
    • If committed whilst on bail.

    Nature of weapon
    • Is not the primary determinant of seriousness - a billiard cue, or knuckle-duster can be used to cause fear and may be at least as serious as a more obviously dangerous weapon, such as a knife or an acid spray, dependent on circumstances in which offender has weapon e.g. if carried in self defence, with no attempt to use it.
    • Weapons offensive per se, or designed or adapted to cause serious injury such as flick knives, butterfly knives, or sword sticks provide evidence of intention.

    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.
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