Exceptional Circumstances Found at the Old Bailey in a Mandatory Minimum Sentence Case

The defendant was sentenced in respect of two offences: threatening with a bladed article, which carries a statutory minimum sentence of six months’ imprisonment, and possession of an offensive weapon in a public place.

Following extensive written and oral submissions addressing the defendant’s complex psychiatric history, his culpability and the impact of his diagnosis on his judgement at the time of the offending, HHJ Dhir KC was persuaded that the circumstances of the case were unusual and exceptional.

As a result, the Judge departed from the statutory minimum sentence and imposed a Community Order rather than an immediate custodial sentence.

Bianca was instructed by Barry Cheeseman of Cheeseman & Co Solicitors.