Tasmin Malcolm, instructed by Jessica Murray of Goldman Bailey Solicitors, secured not guilty verdicts in respect of two offences of Having a bladed article, contrary to s.139 Criminal Justice Act 1988.
The Prosecution initially alleged an additional count of possessing a controlled drug of class a but were forced to offer no evidence at the start of the trial after flaws in the continuity of the evidence were highlighted. The trial proceeded in respect of two bladed articles, described as ‘hunter knives’ which were found under both car seats of the vehicle the Defendant was an occupant in. Challenges to the DNA retrieved on one of the knives meant the Crown had to concede the possibility of cross-contamination of evidence. A subsequent revelation of undisclosed evidence lead to an abuse of process argument being mounted and eventually an offer of no evidence by the Crown in what became an untenable case.
The Defendant maintained throughout that he had no knowledge of either the drugs or knives in the vehicle. He was subsequently sentenced for an unrelated offence of possessing a bladed article and Miss Malcolm successfully persuaded the Judge not to impose the mandatory minimum 6 month sentence as it was unjust in all the circumstances.