Minimum 6 months imprisonment for second knife offence unjust in the circumstances at Kingston Crown Court
Sarah Memmi of GT Stewart Solicitors & Advocates represented D at trial on one count of possession of a bladed article. D had previously been kidnapped and tortured, as well as repeatedly attacked, had substantial learning disabilities and was diagnosed with PTSD.
A recent escalation in violence and threats led him to buy a knife two days after the most recent attack. Whilst the defence of good reason, namely being in fear of an imminent attack, was rejected by the jury, Sarah successfully argued that although it was D’s second knife offence, it would be unjust in D’s particular circumstances to pass the mandatory minimum sentence of 6 months immediate imprisonment. D received a 7 weeks sentence to allow his prompt release, accounting for time on remand.