Non-custodial sentence for client charged with possession of a prohibited weapon
Our client was seen by police officers to be in possession of a stun gun which he discharged giving off an electric shock. An offence of this nature attracts a mandatory minimum sentence of 5 years imprisonment.
Our client’s position was that he found the item, believed it was a torch, and did not intentionally discharge it. We spent a significant amount of time carefully drafting a basis of plea which was eventually accepted by the prosecution avoiding the need for a Newton hearing.
Following carefully drafted written argument the Court were also persuaded that there were exceptional circumstances for not imposing the mandatory minimum sentence. Though this offending crossed the custody threshold we successfully persuaded the Court to suspend the 2 year sentence.
Sonn Macmillan Walker’s Amy Cox and Fiona Haddadeen were the solicitor and trainee solicitor who worked on the case.