Ontario Court of Appeal – ‘In our view a trial judge confronted with an exceptional case where legal aid has been refused and who is of the opinion that representation of the accused by counsel is essential to a fair trial may, upon being satisfied that the accused lacks the means to employ counsel, stay … Continue reading Regina v Rowbotham and others: 1988
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The defendant said that he had been threatened in the street and had taken two knives from his attacker. He appealed his conviction saying that the Crown had not shown that he had intended to use the knives offensively. Held: His appeal failed. The 1953 Act applied to any object including items not in themselves … Continue reading Szewczyk, Regina v: CACD 22 Oct 2019
Citations: [1998] EWCA Crim 681 Links: Bailii Statutes: Criminal Justice Act 1988 139 Jurisdiction: England and Wales Crime Updated: 20 November 2022; Ref: scu.465030
A cyclist stopped by the police had a knife in an inside pocket. He claimed to have taken it from home and then forgotten about it. He was advised that for the purposes of the section neither forgetfulness nor the fact that he was transporting the knife from one private property to another could amount … Continue reading Regina v Hargreaves: CACD 30 Jul 1999
The applicants appealed sentences for possession of offensive weapons. Held: The court gave guidance on the issues of relevance in sentencing. The court should follow the Sentencing Advisory Panel in considering the intentions of the defendant. Particular aggravations might be the specific planned use, any racial aggravation, or being under the influence of drugs. As … Continue reading Regina v Poulton; Regina v Celaire: CACD 24 Oct 2002
The defendant appealed against two convictions under the 1988 Act for possession of a bladed article in a public place. She said that whilst riding in a taxi, she had been sexually assaulted. She later collected the knives and went off to find the taxi driver. She had been drinking. She complained of the judge’s … Continue reading Clancy, Regina v: CACD 18 Jan 2012
Appeal against conviction for having bladed article, being a blunt butter knife without a point. Held: The appeal failed. The section made an unqualified reference to a ‘bladed article’. Davies did not establish that only sharp objects were caught. Judges: Laws LJ, Steel J Citations: [2005] EWHC 1132 (Admin) Links: Bailii Statutes: Criminal Justice Act … Continue reading Brooker v Director of Public Prosecutions: Admn 12 Apr 2005
The appellant was waiting for a train when his bag was stolen. After a search, the thief tried to deter the appellant from calling the police by suggesting that the bag contained items the appellant should not be carrying. From the bag the appellant produced a curved martial arts sword, in its sheath. He testified … Continue reading Wang, Regina v: HL 10 Feb 2005
Appeal from conviction for carrying bladed article – judge ruling that not a good reason that he anticipated being attacked again by a particular person. Held: The appeal succeeded: ‘from the authorities already referred to, it could amount to a ‘good reason’ under section 139(4) if the appellant was carrying the knife for his own … Continue reading Mcauley, Regina v: CACD 8 Oct 2009
The appellant appealed against his conviction for having a bladed article in a public place. Police called at his home, and the ensuing struggle came out into the garden where he was arrested. He was later found to have the knife in his pocket. Held: The judge was wrong to treat the garden as a … Continue reading Regina v Roberts: CACD 20 Oct 2003
The appellant had been convicted of having a pointed article with him in a public place. He said that the car he was driving had needed an instrument to operate the lock. At first he had used a knife, but then used scissors, losing the knife in the car. Held: The jury must be required … Continue reading Jolie v Regina: CACD 23 May 2003
Prosecutor’s appeal against the adjudication acquitting the Respondent of an offence under section 139(1) of the 1988 Act. The information proffered against him alleged that he had with him, without good reason or lawful authority, an article which had a blade or was pointed, namely a knife with a five inch fixed blade contrary to … Continue reading Director of Public Prosecutions v Ullah: Admn 29 Jan 1998
A knife fell from the defendant’s jeans during the course of a police search. He claimed to have forgotten about it. Held: It is important to concentrate on the time in respect of which the defendant is charged. Six days earlier he had the knife on him for a good reason, because the justices found … Continue reading Director of Public Prosecutions v Gregson: QBD 23 Sep 1992
A lockable folding knife was a fixed blade knife where a process was required in order to refold it. To be ‘a folding pocket-knife’ the blade has to be readily and immediately foldable at all times simply by the folding process. It held that a knife which on opening automatically locks and cannot be folded … Continue reading Harris v Director of Public Prosecutions; Fehmi v Director of Public Prosecutions: QBD 9 Sep 1992
Appeal from conviction of possession of bladed article on basis that no defence had been offered. Citations: [2003] EWCA Crim 1287 Links: Bailii Statutes: Criminal Justice Act 1988 139 Jurisdiction: England and Wales Crime Updated: 26 March 2022; Ref: scu.441306
The defendant appealed his conviction for having a bladed article under the section. He had with him a butter knife, which was wooden and with no handle or cutting edge. Held: The court would not be drawn into discussing whether it was sharp. The Act required only that the article be bladed. The knife fell … Continue reading Regina v Director of Public Prosecutions: QBD 13 Apr 2005
The defendant was charged with having in his possession a locked blade. His defence was that he had good reason, relying upon the explanation given at the police station. The judge withdrew the defence from the jury. He appealed, saying the judge should have left the jury to decide. Held: The words ‘good reason’ were … Continue reading Regina v Bown (Mark): CACD 23 Jun 2003
[2006] EWCA Crim 2530 Bailii Criminal Justice Act 1988 139(1) England and Wales Criminal Sentencing Updated: 20 November 2021; Ref: scu.259188
The defendant challenged a conviction for having a locked bladed article in his possession in a public place, on the basis that it placed on him a burden of proof contrary to the convention. Held: Salabiaku permits a reverse onus but requires presumptions of fact or of law to be defined within reasonable limits. As … Continue reading Lynch v Director of Public Prosecutions: Admn 8 Nov 2001
The defendant appealed against his conviction for possession of a bladed article. He had used the knife at work and forgotten to leave it at work and had it in his pocket by accident. Held: The appeal succeeded. The defendant had been accepted as a truthful witness, and ‘In my judgment that is a broad … Continue reading Chahal v Director of Public Prosecutions: Admn 24 Feb 2010
The defendant appealed his conviction for possession of a bladed article in a public place. It was a pocket knife which locked open, but its blade could be retracted on using the mechanism, and did not exceed three inches. Held: The Court looked at the parliamentary background to the section. It was clear that various … Continue reading Regina v Deegan: CACD 4 Feb 1998
The court was asked whether a screwdriver fell within the prohibition of section 139(2). It was apparently an ordinary screwdriver with no sharp point, but it had what the trial judge had described as ‘blades positioned on each side of the driving . .
The defendant was arrested in Tescos. On being searched he was found to have a lock knife. He had placed it in his belt and forgotten about it. He appealed conviction saying it had not been shown that he knew he still had the knife.
Held: . .
The defendant appealed his conviction for carrying a bladed article in public, on the basis that the Act transferred to him the onus of establishing the statutory defence.
Held: There were four steps to be applied in assessing the case. Was . .
Renewed application for leave to appeal against a sentence of imprisonment of 20 months imposed upon the applicant’s plea of guilty to a charge of having an article with a blade or point contrary to s.139(1) of the Criminal Justice Act 1988. Citations: [2020] EWCA Crim 601 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing … Continue reading Brosch, Regina v: CACD 7 Apr 2020
In each case the appellant had been convicted of particularly serious murders and had been given whole life terms. They now appealed saying that such sentences were incompatible with their human rights after the ruling of the ECHR Grand Chamber in Vinter v UK. Held: The appeals failed. Judges: Lord Thomas of Cwmgiedd, LCJ; Sir … Continue reading Regina v McLoughlin; Regina v Newell: CACD 18 Feb 2014
The defendant appealed his conviction for driving with excess alcohol. He said that the machine used to measure his breath alcohol was not of the type approved by the Secretary of State. Held: There was a presumption that the Intoximeter used was type approved. The defendant had brought no evidence to suggest otherwise. The magistrates … Continue reading Fearnley v Director of Public Prosecutions: Admn 10 Jun 2005
The claimants sought to challenge decisions to restrict payments made to victims of miscarriages of justice. A discretionary scheme had been stopped, and payments of applicants’ costs had been restricted to Legal Help rates. Held: The simple existence of a voluntary scheme could not create a legitimate expectation of its continuance. For the doctrine to … Continue reading Regina (Niazi) v Secretary of State for the Home Department: CA 9 Jul 2008
The defendant appealed against a substantial confiscation order after his conviction for cheating the public revenue. He said that the judge had been biased or had shown the appearance of bias against him. He had given some assistance to the prosecution in attempting to recover funds, but this had been insufficient. She also rejected the … Continue reading Pigott v Regina: CACD 9 Nov 2009
Ontario – Superior Court of Justice – proceeding in the nature of a Rowbotham or Fisher application to secure state funding for the defences of the accused who are facing charges of first degree murder. Judges: C McKinnon J Citations: 2008 CanLII 4266 (ON SC) Links: Canlii Citing: Cited – Regina v Rowbotham and others … Continue reading Regina v Dadshani: 8 Feb 2008
Appeal by way of case stated from a convicting the Appellant of three road traffic offences, including failure to provide a specimen of breath for analysis contrary to section 7(6) of the 1988 Act. The ground of appeal is that the justices wrongly acceded to the prosecution application to allow a police officer to refresh … Continue reading Cummings v Crown Prosecution Service: Admn 15 Dec 2016
The defendant appealed by case stated against his conviction under the 1988 Act of possessing a bladed article in a public place. He had been found in the forecourt of a hostel by the police seeking to re-enter after being excluded. He said that it was not a public place. Held: The appeal succeeded. Sedley … Continue reading Harriot v Director of Public Prosecutions: Admn 4 May 2005
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; whether time ran from the date of the first breach, whether want of proportionality is … Continue reading Somerville v Scottish Ministers: HL 24 Oct 2007
Police Retention of Suspects DNA and Fingerprints The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life. Held: The parts of DNA used for testing are not generally capable of revealing medical information about … Continue reading S, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper: HL 22 Jul 2004
Costs of Wrongly Appointed Receiver ‘The contest in this case is about who should bear the costs and expenses of a receiver appointed under an order which ought not to have been made. The appellant, who is a former partner in a well known firm of accountants, was appointed to act as management receiver of … Continue reading Barnes (As Former Court Appointed Receiver) v The Eastenders Group and Another: SC 8 May 2014
In exceptional cases, where judicial misconduct had been shown to have contributed to a wrongful conviction, it was proper for the Home Secretary to consider compensation for the defendant, and a policy excluding that as a possibility is unlawful. . .
Appeal from sentence of offence of having an article with a blade or point, contrary to section 139 of the Criminal Justice Act 1988. . .
