Andy Rootsey, assisted by Brendan McGahan, acted on behalf of our client, who appeared last year, alongside a host of celebrities on a TV reality show. Our client, an up-and-coming freestyle rap artist with a growing fan base, was accused of threatening nightclub security staff with a knife and attempted robbery.
Towards the end of last year, shortly after appearing in the TV series, our client had been subjected to an unprovoked and horrific machete attack. Our client almost lost his life in the attack and his hand was left severely damaged. The attack had a dire impact upon our client’s mental health and following the incident he developed Post Traumatic Stress Disorder (PTSD) symptoms.
By the summer of 2024, our client’s hand remained with little to no functionality, but he had begun venturing out more in public. He continued to be troubled with PTSD and made the decision to attend a nightclub, taking a knife with him for protection, which he had hidden in an alleyway before entering the club. Upon leaving the club he retrieved the knife from the alley which led to his interaction with the alleged robbery complainant and being challenged and chased by security staff
Soon after being instructed, Andy and Brendan, instructed a psychiatrist who diagnosed that our client had been suffering with PTSD since the attack on him, and that he was suffering with PTSD at the time of the allegations.
Following service of a report from a consultant psychiatrist and a detailed defence statement, denying the two offences, a subsequent review by the CPS led to the prosecution agreeing not to proceed with those counts on the indictment and our client would not face Trial in respect of those offences. In respect of the attempted robbery, the prosecution offered no evidence against our client and a not guilty verdict was entered on the record. The prosecution also agreed for the threats with a knife count to be left to lie on the file.
Early on in proceedings, our client had entered a guilty plea in respect of possession of a bladed article, obtaining credit for that plea. A basis of plea was prepared and submitted in relation to the knife offence, which provided the background and mitigating features as to why our client was in possession of the knife and his actions on the evening in question. The basis of plea was accepted by the Prosecution.
Instructed Trial Counsel, Eleanor Lucas of 2 Hare Court, put forward an extensive plea in mitigation on behalf of our client in respect of the knife offence, relying upon the psychiatric report and defence witnesses, including the artist manager from our clients record label, all of whom attested to the significant change in our client’s presentation following the attack upon him. A breach of an 8-month suspended prison sentence was also dealt with, with the defence highlighting compliance, attitude and lack of proximity between the original sentence and breach.
Mr Recorder Hunter, having considered extensive submissions from Counsel, in passing sentence made it clear that were it not for the basis of plea, learned counsel submissions and the significant mitigation put forward, the appropriate sentence in this case for the knife offence and breach of the suspended sentence would have been a total of 26 months imprisonment. Instead, the Recorder, taking the mitigating circumstances into account, passed a much-reduced sentence of 15 months imprisonment, which the Recorder commented on was likely to be seen as very lenient but was imposed only in light of all the circumstances.
The positive outcome at sentence meant that our client was released from prison in a matter of days, having already largely served the custodial part of the sentence. He will now be free to continue to pursue his career as a musician, with several projects already in the works.
Special thanks to instructed Counsel, Eleanor Lucas of 2 Hare Court, for her exceptional work and advocacy throughout these proceedings.
