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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71135
Experience:  Over 5 years in practice
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if a neighbour has threatened to cause criminal damage while

Customer Question

if a neighbour has threatened to cause criminal damage while brandishing a chain saw will he be prosecuted and what is his likely sentence
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Thank you question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 3 years ago.

have been havin dispute with neighbour time . escalated few months back police called and attended case with pps was wondering what likely outcome would be. cctv footage of incident is with police

Expert:  Jo C. replied 3 years ago.
It depends.
What was the threat?
Customer: replied 3 years ago.

he threatened to cut the fence down and pointed saw a myself and partner in a very threatening manner

Expert:  Jo C. replied 3 years ago.
There is an offence of threatening to cause criminal damage but I'm afraid it is quite unlikely that these facts would justify it.
If it is charged at all then probably it would be a S5 public order or maybe a S4.
A S5 would probably just lead to a fixed penalty fine.
A S4 may lead to a fine a court. Unless he has any relevant previous convictions it is not going to attract a community order I'm afraid.
I would expect overall though something like a caution if there have been other allegations.
Sorry if that is bad news.
Can I clarify anything ?