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Though the client was found with Class A drugs and was in possession of an offensive weapon (a knive), an experienced team of defence solicitors were able to negotiate a reduced sentence, and avoid a prison sentence.

Case Overview: 

Mr. H was arrested in 2021 after being spotted leaving a known hotspot for buying and selling class A drugs and trying to evade arrest. He was charged with possession of an offensive weapon, as a small knife with a lock-in mechanism found in his pockets. Though the knife was less than 3 inches, which is permissible by law, the lock-in mechanism made it illegal. The maximum sentence for possession of a knife is 4 years, a fine, or both, but carrying a knife with a lock-in mechanism may be legal if there is a reasonable excuse, like using it as a tool for work, or for religious reasons, it’s up to the discretion of the judge. 

Mr H. admitted to the possession of an offensive weapon, as he used the knife to build model aeroplanes and forgot that it was in his pocket.  The Defence Team’s Efforts:  

Being charged with possession of an offensive weapon comes with a maximum sentence of 4 years, a hefty fine, or both. Mr. H recruited the expert services of Stuart Miller Solicitors, in order to mount a strong legal defence against these charges. Before the trial, the defence team worked to discredit any evidence that could be used against the client, investigating all of the evidence for any inconsistencies and potential biases in the prosecution’s case. The team also constantly reviewed the client’s statements and their own evidence, to ensure a watertight defence. 

During the trial, our defence solicitors were able to prove our client used small knife for his personal hobbies and was not meant for any harm. Furthermore, they were able to show that the client had unknowingly developed an addiction to painkillers for his chronic pain, and was purchasing drugs for that purpose. By following up with medical experts, interviewing witnesses for character statements, going through the client’s personal history, and by reviewing all of the evidence submitted by the prosecution, the defence team was able to argue that the client had no malicious intent or forethought. The defence team was able to negotiate a sentence of community service and rehabilitation to help the client address his addiction, instead of a prison sentence. 

How We Can Help You: 

Being accused of possession of offensive weapon, especially when you didn’t mean to do so, can be incredibly stressful and anxiety-inducing, particularly because of the elevated punishments. With many hobbies and crafts requiring sharp tools, it can be easy to leave it in your pocket, and then find yourself in complicated situations with the police. If you, or anyone you know, has been accused of Possession of drugs, or possession of a knife/sharp object, don’t hesitate to contact us; we’ll be able to help you.  


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