A man found carrying a plastic drinks bottle containing a highly corrosive liquid has been jailed for a year.
Bradley Kerr, 21, was arrested on 18 July after being seen with the bottle near Bow Road station in east London.
He admitted possession of an offensive weapon, but had claimed that the substance, which could not be identified yet was strongly alkaline, was given to him by his mother to use as washing-up liquid because he is homeless.
However, in her sentencing remarks, the judge told Kerr a corrosive liquid in a plastic bottle could “have no possible purpose other than for use as a highly dangerous weapon”.
“The obvious inference is that it was a bottle, originally used for some innocent purpose, which had been refilled with a noxious substance, turning it into an offensive weapon,” Recorder Sally-Ann Hales QC said.
“While it is a commonly available household product, it is a liquid that has the capacity to do a great deal of harm, particularly in the wrong hands such as yours, which is no doubt why you were carrying it.”
She referred to a recent spate of attacks with corrosive substances, saying they have “caused widespread concern” and the courts must respond by imposing sentences that serve as punishments as well as deterrents.
Before Kerr was arrested, officers had been called to reports of a robbery. A group of men were searched and Kerr was found to be carrying the bottle.
The prosecutor, Alex Rooke, said: “They found in that bag a squeezy drinks bottle with what they described as a frothy, murky liquid. Mr Kerr said that this bottle was his. He said it was washing-up liquid that his mother had given him because he was homeless.”
Snaresbrook crown court in east London heard the liquid was tested and found to have a pH level of 12, which Rooke explained made it a highly corrosive substance. Kerr has a string of previous convictions, including one for possession of a bladed article.
The prosecution is one of the first since the director of public prosecutions, Alison Saunders, clarified her guidelines on selecting a charge for such cases, though Kerr was charged before the guidance was issued.
On 31 July, Saunders reminded prosecutors that grievous bodily harm with intent, which carries a maximum sentence of life imprisonment, was available for the worst cases.
Possession of an offensive weapon, for which people can be sentenced to up to four years in prison, could also be appropriate, she said.
The guidance did not change any rules on charging, but was issued in response to an apparent increase in the number of attacks with corrosive liquids. It does not affect sentencing decisions made by judges.
Nasreen Yadallee from CPS London said: “Kerr could find no excuse for carrying a corrosive substance in a squeezy bottle with the label removed. It was clear he was carrying it as a weapon, ready to use on someone if the need arose.
“Carrying a corrosive substance for the purpose of causing injury is a criminal offence punishable with a prison sentence.”
