A KNIFEMAN who threatened to stab a police community support officer with a kitchen knife and then stole his bike has been jailed for just under three years.
But the judge sentencing Curtis Turpin at York Crown Court complained that his “hands were tied” because Turpin was “undercharged”, and said he could not understand why he was not prosecuted for robbery.
The Honorary Recorder of York, Judge Paul Batty QC, demanded to be told “chapter and verse” by the Crown Prosecution Service as to why Turpin had only been charged with affray and carrying a knife.
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He said the original police decision to charge him with attempted wounding with intent to commit grievous bodily harm had been ‘about right.’
He said Turpin had an ‘appalling’ criminal record and told him: “You are extremely fortunate that the CPS undercharged you.”
Danielle Graham, prosecuting, said Turpin made a swiping gesture with a kitchen knife in front of a PCSO in Crombie Avenue, Clifton, and said: “I am going to ****stab you.”
She said: “The officer was genuinely fearful for his life.”
Turpin then stole and made off on the officer’s bike.
He was later found by police in an alleyway and arrested but resisted, shouting: “Shoot me, shoot me,” and he was tasered by a police officer.
She said Turpin had 27 previous convictions for 40 offences, which included wounding and robbery.
Mark Partridge said in mitigation that Turpin had been suffering from mental health problems at the time and was now remorseful and regretted his actions.
He recognised he must take responsibility for them and must receive a prison sentence, he added.
A CPS spokeswoman said: “The CPS has a duty to keep its cases under constant review. When this case was re-reviewed before trial, the evidence presented to us by the police was looked at again.
“We decided that the original decision to charge the defendant with attempted wounding with intent to commit grievous bodily harm was not supported by the evidence, which tended to suggest the defendant intended to frighten and intimidate the victim, rather than cause him grievous bodily harm.
“The defendant went on to plead guilty to affray and threatening with a knife, and he has been sentenced to 32 months in prison.”
*The Press reported on one of Turpin’s previous offences in 2014 when, months after being released from jail for another street mugging, he and another man held up a student in Huntington Road and stole his hoodie and other belongings.