Young man avoids prison after kitchen knife threats

Thursday 03 October 2019

A young man came “very close” to being sent to prison after drunkenly taking a “large kitchen knife” into the streets to resolve a family fall-out.

Benjamin Richard Mark Robert (22) was sentenced to 150 hours’ community service by the Magistrate’s Court this week following a bust-up with two strangers he met upon leaving the house on 1 September.

Appearing for the prosecution, Legal Adviser Advocate Carla Carvalho told the Court that Robert had consumed eight cans of lager and a litre of an 'alcopop' drink when he got a call from a distressed family member on the night in question.

In response, Robert “took a knife from the drawer” and “left the house" in what was described as a "moment of madness" amid an attempt to help his relative out of a difficult situation.

Pictured: The case was heard in the Magistrate's Court.

On his way, Robert encountered a stranger who accidentally bumped into him on Bath Street and the two men got into “an altercation." The Court was told that Robert pushed this man and then punched him.

A passing driver saw the two men fighting and “got out of his car to intervene".

The defendant was said to have warned the men: "Get the f**k off, I’ve got a knife.” 

At this point, the 22-year-old proceeded to “reach to the back of his shorts with his right hand” and “pulled out a large kitchen knife".

Robert “then returned the knife to his shorts and left the scene".

The young man was captured on CCTV footage disposing of something in a wheelie bin on a nearby road, shortly before being arrested by Police, who he told in an unsolicited comment: “I haven’t got it, I threw it in a bin.” 

Pictured: The incident was captured on CCTV footage.

Robert was also charged with two shoplifting incidents dating back to 2017 where he and another individual stole alcohol from the Co-op on two separate occasions. In total, he is seen on CCTV stealing two bottles of Jack Daniels’ whisky and, a few weeks later, a bottle of Bell’s whisky.

Advocate James Bell, defending, said that his client “is ashamed of his behaviour” and offered Robert’s “apology to all parties concerned".

The defence lawyer emphasised the fact that Robert had been remanded for four weeks in prison and invited the presiding Relief Magistrate, David Le Cornu, to “impose a community-based sentence instead of more time in prison".

Advocate Bell emphasised it was worry for his family member which led Roberts to make “the foolish decision to go out and investigate".

Pictured: The affray and common assault took place on Bath Street earlier this year.

Referring to his street brawl with the pair of strangers, Advocate Bell argued that what Robert did with the knife constituted a “threatening or worrying gesture”, but that it was “no more” than a threat that only lasted around "five seconds", according to one witness's estimate.

The defence Advocate made it clear that Robert then “put the knife back in his shorts and literally turned around and walked away".

It was also heard that Robert had had a “close family bereavement” in recent months which his lawyer said could “provide some explanation as to why he has been struggling in recent times”. Advocate Bell also told the Court that Robert’s grief caused him to “inappropriately” rely on alcohol as a coping mechanism.

Handing down his decision, Relief Magistrate Le Cornu said: “Knife violence is prevalent in the UK and we do not wish to have a similar situation occur in Jersey.”

Warning Robert that he’s “come very close to receiving a custodial sentence”, the Relief Magistrate ultimately imposed 150 hours’ community service as well as a 12-month probation order.

Robert was also ordered to pay a £200 fine for the shoplifting offences and to reimburse the shops for the price of the alcohol he stole.