Wellington man sentenced for carrying weapon around Taunton

Malachi Whyte, 23, of Meyer Close, Wellington, appeared at Taunton Crown Court on Friday, August 21.

A street marshal spotted Whyte in Taunton town centre at about 4.30pm on June 11, who seemed to be ‘under the influence of drugs’ and carrying a cosh.

A cosh is a short, heavy blunt weapon—similar to a blackjack or small club used to strike someone and is illegal in the UK.

Avon and Somerset Police were called and found Whyte leaning against a brick wall.

Police noticed a brass-coloured tip of metal attached to wood in his pocket, which he discarded behind the wall he was leaning on.

After detaining Whyte, officers searched him and identified the item as a cosh when they questioned him about it.

He said, ‘I have literally just got that.’

Police seized the cosh and arrested Whyte.

Prosecutor Mia Fogwell-Tait said Whyte claimed he found the cosh in Taunton, ‘didn’t realise it was a weapon’ and kept it as an ornament.

Whyte said he never intended to hurt anyone with it and hid it because he feared police would see it as a weapon and it was ‘heavy’.

Ms Fogwell-Tait said Whyte had two previous convictions and was convicted of assault causing ABH on March 6, receiving a suspended sentence.

Defence barrister Harry Ahuja said: “[Mr Whyte] maintains his account that he found the item in Taunton, picked it up as a curiosity, and he had it for a short period of time.”

His Honour J P Cook said he struggled to believe Whyte had simply come across the cosh while out in Taunton.

Ahuja said Whyte had struggled with his mental health and was ‘extremely anxious about going to prison’.

Ahuja added: “He is extremely worried about the future.”

Probation staff told the court Whyte had attended half his appointments under the suspended sentence and was working to resist peer pressure and negative influences.

During his sentencing, His Honour J P Cook said: “You will remember me sentencing you earlier this year for an assault.

“It was a nasty and serious assault.

“This new offence was committed during the course of that suspended sentence, you were seen in the centre of Taunton, there were concerns about your presentation, you appeared under the influence and there was something under your waistband.

“It was quite obvious you knew you should not have had it on you.”

Judge J P Cook acknowledged Whyte’s early guilty plea and did not activate his suspended sentence.

He said: “Whilst the compliance for the suspended sentence has not been perfect, with the issues you have been struggling with there has been a willingness to comply on your part.

“You will be subject to a community order, that community order will be in place for 18 months.”

Whyte must complete the 18-month community order and undergo six months of alcohol-abstinence monitoring.

Whyte must also pay a victim surcharge of £114.

For breaching the suspended sentence order, Whyte was given five additional rehabilitation activity requirement days.

The court also ordered the cosh to be forfeited and destroyed.