Possession of a Knife and Drugs - Client Avoids Prison

Case study summary

Our client was a grandmother who turned to alcohol and cannabis following the death of her mother. She was charged with being in possession of a knife, meat cleaver and cannabis. Our thorough preparation of the case resulted in our client avoiding an immediate prison sentence.

Case study

Our client was a 65-year-old grandmother who struggled with mental health difficulties throughout her life. Her mental health deteriorated following the death of her mother and she began to use cannabis and alcohol to cope with her grief. During this period of substance misuse, our client was charged with possession of an offensive weapon, possession of a knife and possession of cannabis.

She was found with a meat cleaver, knife and cannabis after her neighbours had reported concerns about a woman who was screaming and shouting outside of their block of flats. The woman was reported to have a knife in one hand and a bottle of alcohol in the other.

Following our client's arrest, she was sectioned under the Mental Health Act 1983. She spent several weeks in hospital but, upon her release, received a summons to attend court.

Our client contacted us for help. She could not recall the events leading up to her arrest but she accepted the allegations and she was deeply ashamed by her actions. She was no longer abusing alcohol, or cannabis, and her mental health had improved significantly.

Firstly, we reviewed the charges. We were concerned that our client had been charged with possession of an offensive weapon because a meat cleaver is not classed as an offensive weapon under section 141(1A) of the Criminal Justice Act 1988. We asked the prosecution to review this charge and we were able to persuade them to drop it. Our client then pleaded guilty to possession of a knife and possession of cannabis.

Our client had 23 previous convictions and had previously spent a period of time in prison. The thought of going back to prison was terrifying, especially because she now had two young granddaughters who she loved dearly and helped to care for.

We obtained evidence to support the fact that our client had continued to take steps to improve her mental health since her release from hospital and we represented her at her sentence hearing. The prosecution stated that the offending passed the custody threshold, however, we argued that a prison sentence would only serve to deteriorate our client's mental health again. We were able to persuade the court to impose a suspended sentence.

Our client was relieved and will continue to engage with the mental health support team in the community.