Community Order for Possessing an Offensive Weapon

Case study summary

Our 18-year-old client pleaded guilty to possession of an offensive weapon. After a 2-year wait, we presented exceptional mitigation at his sentence hearing which showed that he had turned his life around during that time and resulted in him receiving a non-custodial sentence.

Case study

We were contacted by our client following a group altercation which took place in the centre of Stratford-Upon-Avon. This was a prime example of school gossip escalating into conflict, during which our client was accused of using a baton to hit another person. After everyone left the scene, our client was pulled over by the police in a vehicle being driven by another individual. They were both arrested and, following an investigation which took two years, our client was charged with possession of offensive weapon and the driver was charged with possession of a bladed article.

After receiving the evidence, our client advised that he accepted the allegation and wanted to plead guilty. Due to the facts of the case, this meant that a prison sentence was a real possibility, and he appreciated that severity.

As someone of good character, who had been working hard towards a career in supporting deprived schools, our priority was to try and avoid a prison sentence and ensure that the outcome allowed him to carry on this good work. Part of achieving that outcome was by entering a guilty plea at the earliest opportunity which he did. Unfortunately, our client had to then wait a further 2 years after entering this plea whilst his co-defendant waited for their trial. During this time, our client continued to build his career and dedicate his time to the local community. This meant that by the time of his sentence, we could show the court that he had not only taken the opportunity to be a better person, but that he had stayed out of trouble for 2 years.

When passing their sentence, the Judge made it clear that he was impressed by the attitude of our client. They acknowledged that he had used the delay as a positive and to better himself rather than a negative. The assured the court that a community sentence was a much more appropriate outcome than prison. Our client was ultimately sentenced to a 12-month community order and was finally able to put the past behind him, 4years on from the night in question.