Third weapon charge but crook is spared jail (From Echo)
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Third weapon charge but crook is spared jail
8:00am Friday 11th January 2013 in News
A MAN has been spared jail despite being caught carrying a 10-inch knife in Basildon town centre.
It is also the third time since 2007 that Ryan Kelly, 22, had been convicted of possessing a weapon in public.
But despite the Government introducing tougher knife offences in December, Kelly, of Ayletts, Basildon, was spared a stint behind bars by Judge David Owen-Jones.
Kelly was caught by police carrying the kitchen knife near Toys ’R’ Us in Basildon on November 10 last year, adding to convictions of weiling a baseball bat in 2010 and an unnamed weapon three years before that.
At Basildon Crown Court on Monday, Judge Owne-Jones said that he took an ‘exceptional course of action’ in letting Kelly walk free, because of the defendant’s early guilty plea, personal circumstances, and good behavoir during a previous suspended sentences.
On sentencing him to a 12 month prison sentence, suspended for 18 months, he said: “The courts have made it perfectly clear that possession of a knife in a public place should carry an immediate jail sentence.
“But in this case I’m going to take a totally exceptional course of action.”
Last month, Justice Secretary Chris Grayling introduce a new offence of aggrivated posession of a knife, which carries a mandatory jail sentence, in a bid to arrest a slump in people being jailed because of knife offences.
But Kelly was charged with possession of an offensive weapon in public, and he had already pleaded guilty to the offence at an earlier hearing.
The court heard that Kelly was walking down a path in Long Riding on November 10 last year when he brushed shoulders with victim Dean Bruce.
The two initially apologised and walked on, but Mr Bruce turned around to find Kelly staring at him, and he subsequently brandished the knife and exchanged words with the victim.
Mr Bruce reported the offence to the police, who arrested Kelly minutes later and also found a small bag of cocaine on the defendant.
Representing himself in court, Kelly said: “I can’t be sorry enough.
“It is one of the biggest mistakes of my life. During the time I was in a bad place.”
He was also fined £200 and ordered to pay £200 costs.
Comments(13)
Russ13
says...
8:44am Fri 11 Jan 13
Rich"Carol wrote:Agreed!
The government stated that carrying a knife can be sentenced up to 5 years instantly by crown court. Ive yet to see this come into force.
I'm afraid "previous good behaviour" doesn't cut it for me on the third offence.
Soouthchurch59
says...
9:32am Fri 11 Jan 13
I note that the story; 'Echo shortlisted for daily paper of the year award' is not inviting comments.
I wonder why!!?
EthanEdwards
says...
1:11pm Fri 11 Jan 13
'Grate' British justice isn't it.
Eric Whim
says...
1:31pm Fri 11 Jan 13
Discouraged
says...
1:38pm Fri 11 Jan 13
iknowbetter
says...
2:00pm Fri 11 Jan 13
I-say-you-say
says...
3:19pm Fri 11 Jan 13
Will Judge Owen-Jones then be dealt with as appropriate?
I give it 6 months and we'll find out....watch this space!
shallotman
says...
3:29pm Fri 11 Jan 13
emcee
says...
4:18pm Fri 11 Jan 13
Then I laughed at the fact we could not comment. It is as if they have admitted that being shortlisted is a joke and that they are, indeed, expecting the content of the comments to be less than praising."
emcee
says...
4:19pm Fri 11 Jan 13
Soouthchurch59 wrote:Firstly I laughed at the article itself. After all, I have never before witnessed a newspaper like the Echo where most of the jounalists and editorial team either cannot spell or have bad grammar.
Off topic:
I note that the story; 'Echo shortlisted for daily paper of the year award' is not inviting comments.
I wonder why!!?
Then I laughed at the fact we could not comment. It is as if they have admitted that being shortlisted is a joke and that they are, indeed, expecting the content of the comments to be less than praising."
emcee
says...
4:28pm Fri 11 Jan 13
Discouraged wrote:He should be immediately reported to the justice secretary and removed from his post. He obviously does not know his a*se from his elbow.
Judge Owne-Jones has made a terrible mistake and someone should tell him.
It was obviously "aggrivated posession of a knife" and not "possession of an offensive weapon in public" purely by his actions towards the victim.
It is partly due to judges such as this that our justice system is in such a dire state.
perini
says...
4:26pm Tue 15 Jan 13
Rich"Carol says...
8:24am Fri 11 Jan 13