A “rushed decision” on the part of the government and the Queen is keeping a sledgehammer-wielding yob behind bars, he claims.
Tristan Perks, who was caught in possession of a sledgehammer and clawhammer in Melksham earlier this year, was unimpressed that his sentencing hearing was delayed because a report had not been prepared.
A judge had previously asked the probation service to prepare a pre-sentence report, which tells the judge more about the individual and often proposes an alternative to custody.
But it was not completed as the author felt Perks was “unwell” and a report was needed from a doctor.
The short hearing on Monday (August 15), during which Perks was unrepresented due to the barristers’ strike, also heard that doctors felt he was fine.
Expressing his displeasure the case was delayed, the 20-year-old said: “There is no report and there is no reason for this court to be postponed because I have already been on remand for over four months, close to five months, and as of all of the time I’ve been in here I’ve done nothing wrong and I am being illegally held because I’ve not done anything wrong.”
Judge James Townsend said that he was being held because he had pleaded guilty to “quite serious offences”, and added: “I don’t want you to be held in custody for any longer than you need to but I can’t sentence you today.”
Perks responded: “That seems like a rushed decision on the government’s part and on the part of the Queen, due to there was never a report that I was unwell.
“There is not actually any current reason for you to postpone that, it seems like you’re trying to come up for a reason to put this off.”
“The sole reason I’m putting this off is to make sure we know as much about you as possible,” the judge retorted. “That’s in your interest.”
Earlier, Perks had told the judge: “The way I see it is I speak completely freely, I don’t hold back and speak quietly or indirectly, I will speak what is usually referred to as out loud.
“Without my medicine, I do not feel present in my body.”
Perks, of Mallory Place in Bowerhill, previously pleaded guilty to two counts of having an offensive weapon, one count of damaging property and one count of affray.
The incident took place on March 28, during which he had a sledgehammer in Mallory Place, damaged a front door on that road, and then had a clawhammer in Bath Road.
The case was adjourned until August 30.