GT Stewart today secured the acquittal of our client who faced trial at Medway Magistrates’ Court.
TF faced one charge of making threats with a pointed article contrary to section 139AA of the Criminal Justice Act 1988 (139AA CJA). It was alleged he threatened the complainant with a large piece of glass following a verbal argument.
TF denied the allegation. His case was that he challenged the complainant who had collided with his vehicle outside his place of employment, after which the complainant made threats of violence. Having returned to his office, TF then heard the complainant shouting at his son therefore he returned to the scene taking with him a glass replica machete in order to persuade the complainant to leave the area. When police arrived on the scene, a different item – namely a large pane of glass – was seized as believed to have been used to make the alleged threats. This pane of glass fell within the definition of a ‘pointed article’ as set out in 139AA CJA.
During the cross examination of the complainant at trial, GTS were able to confirm the item used by TF to make the so called threats was in fact the glass replica machete. At the conclusion of the prosecution case, a submission of no case to answer was made on the basis the item used did not qualify as a pointed article. The Court agreed and the charge against TF was dismissed.
TF was represented by Kevin Williams and Jessica Gosling at our Bromley office.
