Use of a Highly Dangerous Weapon & Sentencing
What impact does the use of a highly dangerous weapon have when it comes to determining sentencing for an assault offence?
When sentencing for offences of assault, the use of a weapon, such as a knife, will always be an aggravating feature. The Sentencing Guideline also refers explicitly to “highly dangerous weapons” and the use of such a weapon will be treated as a particularly serious feature of the offending.
With knife crime increasing over the last decade in the UK, as one of the top criminal law firms in the UK, we investigate the impact of the use of highly dangerous weapons and what it means for sentencing, as well as whether the use of a knife when committing an assault is included in this definition. Defining a Highly Dangerous Weapon
The Court of Appeal has previously considered whether a four to six‑inch bladed knife fell within the definition of a “highly dangerous weapon” for the purposes of assessing the correct category ofculpability in the sentencing guidelines for wounding with intent.
The Sentencing Guideline states that “a highly dangerous weapon can include weapons such as knives and firearms … the court must determine whether the weapon or weapon equivalent is highly dangerous on the facts and circumstances of the case.”
In this particular case, the court held:
“In our judgment the use of a knife with a blade of any significant length in order to attack the neck of another is to use it as a highly dangerous weapon. The neck is comprised of a series of arteries surrounded by soft tissue which is easily penetrated by a blade. In the facts and circumstances of this case we are left in no doubt that a kitchen knife with a blade between four and six inches can fall within the definition of a highly dangerous weapon, subject to the facts and circumstances of the case.”
Highly Dangerous Weapons and the Site of Injury
So, we have an emphasis on circumstances which, in this case, concentrated more on the site of injury (the neck) than the weapon itself.
This interpretation of the phrase “highly dangerous weapon” may be critical in future cases where a weapon that might otherwise be relatively innocuous is used to inflict injury to a sensitive body site, such as an eye.
In a more recent case, a screwdriver was used to cause a wound to the neck of a taxi driver during a road rage incident. The Court of Appeal held that this was the use of a “highly dangerous weapon” in circumstances where:
“It was also taken to the scene in circumstances where it appears to have had no other purpose than to be, at least contingently, a weapon”.
Sentencers and those advising defendants need to be very alert to this significant interpretation of sentencing law, otherwise, advice on sentence could be incorrect by a considerable degree.
Expert Advice on Knife Crime and Serious Weapons Assault
If you have any further questions on knife crime and what it means for sentencing, at JFH Crime, we are here to provide expert help and advice.
As one of the leading criminal law firms in the UK, our team have over 30 years of experience representing clients nationwide and protecting their rights through our services, from extradition and driving offences through to fraud and knife crime.
Whatever your case, we are committed to achieving your desired outcomes. If you would like to learn more about our services and how we can help you, contact us today for expert help and advice.
So, if you need a criminal law firm in the UK and are seeking specialist advice in relation to any criminal investigation or prosecution, from the initial investigation through to court proceedings, please get in touch. Call John Howey on 020 7388 1658 or email jhowey@jfhlaw.co.uk. Let us help.
Image credit: “Black Widow kit knife” by CapCase is licensed under CC BY 2.0
