Where an object is in its nature an offensive weapon, the offence of possession is committed even though the possessor had no idea of the true nature of the object: ‘it could not be a reasonable excuse to say that he had [an offensive weapon] with him for his work. Even if it could be said that it was capable of being a reasonable excuse to have it with him for work, that, of itself, would provide no reasonable excuse for having it with him in the early hours of the morning.’ and ‘The fact that the respondent did not know it was an offensive weapon is not relevant to the issue of reasonable excuse.’
Judges:
Gage J
Citations:
Gazette 14-Jan-1998, Times 10-Dec-1997, [1997] EWCA Crim 2864, [1998] 1 Cr App R 400
Links:
Statutes:
Prevention of Crime Act 1953 1
Jurisdiction:
England and Wales
Cited by:
Cited – Director of Public Prosecutions v Patterson Admn 19-Oct-2004
Prosecutor’s appeal against dismissal of charge for possession of offensive weapon. The defendant had a butterfly knife with him when arrested. the respondent went with his father to a shopping precinct at 3 o’clock on the day concerned and that he . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 11 October 2022; Ref: scu.152319