HOME PAGE | Short Journalistic Court Reports.
Crown Court at Bradford (UK), 17 August 2018 Modification made 17-02-2024. I received a request from the defendant in this story about sentencing in a case of possession of a disguised weapon. The former defendant's request was that I remove his name. I am delighted to do so. I wish the defendant well with his future, and am sad on his behalf he did not know what the item he possessed was. Helen Gavaghan
Mr XXXX (22) from Bradford today avoided a minimum statutory five-year custodial sentence for possession of a disguised weapon, namely a stun gun which looked like a torch. The trial and sentencing judge were Judge David Hatton QC, and he ordered destruction of the weapon. Judge Hatton further handed down a suspended sentence to Mr XXXX, with a curfew and community-work tariff. In reaching his decision his honour considered tests proposed by the Appeal Court. "What sort of weapon was it? Here it was not lethal," said the judge. Then the judge asked and answered, "What uses were made of the weapon? Here there is no evidence any use was made." "What was the intent of possession? That is unclear, but I'm unable to find," said his honour to Mr XXX, "that you had intent to use the weapon." "What is the defendant's record? You have no criminal record of any kind," said Judge Hatton. "I accept your evidence that you did not know it (the disguised stun gun) was illegal to possess, and did not buy it, and it was given you by a colleague." During the sentencing hearing the Court heard that Mr XXX had a first class honours degree in Spanish and Italian, and had hoped one day to work for the United Nations. His honour was convinced exceptional circumstances applied to both the offence and the offender. Judge Hatton made this view clear at the start of his sentencing remarks. The judge said he had observed the defendant's remorse. Helen Gavaghan. This item is a news item published first on 17th August 2018, and is advanced publication of an item appearing without redactions in both the pdf and html versions of issue 3 (July - Sept.), 2018.
||