Dominic Bardill, instructed by Blackfords LLP, secures a Not Guilty verdict following a 4 day trial at Guildford Crown Court, where his client faced one Count on Indictment of Possession of a Bladed Article in a Public Place.
The Defendant, who worked for a local mechanic, is a former alcoholic and father of three young children. In 2020 he received the heart-wrenching news that his wife, and partner of more than 17 years, had cancer. Sadly, she passed away in October 2021.
The stress of mental health issues, caring for three young children and caring for his wife, caused the Defendant to relapse and he found himself homeless for over a week, with only a small bag of possessions. Among those possessions, was a lock-knife provided to him by his employer. He carried this in the pocket of his work trousers.
On 30th December, the Defendant was drunk and behaving in a way that gave cause for police to be called. On arrival, police arrested and searched the Defendant, who volunteered that he had the knife on him, and that it was for work. The Defendant gave a ‘no comment’ interview. Later, when the Defendant raised his real defence of ‘good reason’ due to work and homelessness, The Crown did not accept it; proceeding to trial.
Defending, Dominic argued that it was for the jury to decide first whether they, on the balance of probabilities, accept that he was working at the time; whether they accept the knife was a work tool intended for work; and whether they accept he was homeless. Dominic argued that it was up to the jury to decide if they think homelessness is a good reason for the Defendant possessing the knife in a public place.
In closing, Dominic examined the evidence before the jury in detail, showing how they could find on the balance of probabilities in favour of the Defendant, even on the Crown’s own case. Dominic challenged the jury, asking them “Where would you keep your possessions and work tools if your home was the street?”
The jury returned a unanimous verdict of not guilty.