Defendant speaks too soon
A man charged with possessing an offensive weapon ended up using offensive words after a magistrate sentenced him to a nine months imprisonment.
But Jelani Smith, 22, of Whale View Hill, Warwick spoke too soon after appearing not to hear that Senior Magistrate Archibald Warner had suspended the sentence.
Smith had been picked up at a drug hang-out in Warwick on Wednesday afternoon and had been searched by Police, who found a five-inch knife.
The court heard he had told officers: "It's for use on those Town guys."
Smith pleaded guilty but denied making that statement and claimed the knife had only been two inches long, and was only for self protection.
He said: "My life has been threatened on numerous occasions ? cuts and bruises ? all sorts of stuff."
Smith claimed he hadn't been in trouble for about three years, however Mr. Warner reminded him he had been in court for the same offence last January.
Smith said: "I wasn't trying to attack anybody, it was just in my possession."
Mr. Warner said he feared Smith would keep repeating the offence and said when armed youths opposed each other there would be mayhem.
But the defendant said he was damned if he did and damned if he didn't as he needed to be able to defend himself.
"I am living in the real world, not your house" said Smith, who added he could get attacked out of the blue without any provocation, and his only way to stay out of harm's way was to to stay indoors.
"I have to feed myself", he told Mr. Warner.
Mr. Warner imposed the nine-month sentence and was about to give the time it would be suspended for but was cut off by Smith who said: "You have already given me the f***ing sentence."
However Smith in turn was hushed by various people in the court who reminded him it had been suspended. He apologised and was told the sentence would be suspended for two years.
