Defendant acquitted of four counts of possessing an offensive weapon in prison

October 17, 2022

Last week Doug Scott, instructed by Filip Kostanecki at Kesar and Co Solicitors, secured the acquittal of his client, a serving prisoner, who was charged with four counts of possessing offensive weapons in prison.

The four-day trial, which began on the first day after the Criminal Bar Association suspended its strike action, concerned a male prisoner who was caught on body-worn video fighting with prison officers. Prison officers later found four offensive weapons in his cell. The defence case was duress of circumstance. During the course of the trial the court had to deal with legal arguments on the admissibility of evidence and whether duress could go before the jury; section 8 (disclosure) applications; non-defendant bad character applications; and defendant bad character applications.

Following two hours of deliberation the jury acquitted the defendant of four counts of possessing an offensive weapon. The defendant was convicted of two counts of assault on emergency workers.