Acts
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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
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 … Continue reading Regina v Densu: CACD 7 Nov 1997
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 intended to leave a butterfly knife that he had with him at the shop … Continue reading Director of Public Prosecutions v Patterson: Admn 19 Oct 2004
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
A butterfly knife is an offensive weapon per se in that it is made for use for causing injury to the person. Citations: [1997] EWHC Admin 626, [1998] 1 Cr App R 288 Links: Bailii Statutes: Prevention of Crime Act 1953 1 Cited by: Cited – Director of Public Prosecutions v Patterson Admn 19-Oct-2004 Prosecutor’s … Continue reading Director of Public Prosecutions v Hynde: Admn 3 Jul 1997
Appeal against conviction for possessing an offensive weapon in a public place, in this case a pickaxe handle. The magistrates had found it adapted for causing injury by the removal of the head. Held: Such an implement ould nt be held to e within the second category of weapon as set out in Williamson. The … Continue reading K P Warne v Director of Public Prosecutions: Admn 3 Jun 1997
Appeal from the decision in the Youth Court at Croydon Magistrates’ Court whereby the appellant was convicted of the offence of possession of an offensive weapon, namely a metal bar, contrary to section 1(1) of the Prevention of Crime Act 1953. Judges: Lord Justice Pitchford Mr Justice Supperstone Citations: [2011] EWHC 1807 (Admin) Links: Bailii … Continue reading N v Director of Public Prosecutions: Admn 30 Jun 2011
It was a reasonable excuse for a person to have in his possession a machete knife in its scabbard and a catapult for use for killing grey squirrels, so that he could obtain food for his wild birds. The court was mainly concerned as to whether the items found were dangerous per se. Citations: [1987] … Continue reading Southwell v Chadwick: CACD 1987
An off-duty policeman was returning from a fancy dress party in a policeman’s uniform, carrying a truncheon. The issue arose in the course as to whether or not that would constitute an offence. Held: The words ‘reasonable excuse’ in section 1(1) were wide enough to enable the off-duty police officer to be not criminally liable … Continue reading Houghton v Chief Constable of Greater Manchester: 1986
The defendant appealed against his conviction for possession of an offensive weapon in a public place. He had a friction locking police-style baton, handcuffs and a false police ID in the rear of his car when stooped. After first lying he said they had been used for roleplay, and that he had been on his … Continue reading Regina v Ellis: CACD 12 Jan 2010
Where a person is in possession of an article by its nature an offensive weapon, there will be ‘a very heavy burden on any person in possession . . . to satisfy any court that he had it for such an innocent purpose’ to constitute a reasonable excuse. [1983] 1 WLR 393 Prevention of Crime … Continue reading Gibson v Wallace: 1983
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 . .
Forgetfulness might be relevant as a defence on a charge of possessing an offensive weapon. A taxi driver discovered weapons left by a passenger, but forgot having placed them in a glove compartment. Held: The Appeal was allowed.Forgetfulness might be relevant as a defence on a charge of possessing an offensive weapon. A taxi driver … Continue reading Regina v Glidewell: CACD 4 May 1999
Citations: [1996] EWHC Admin 231 Links: Bailii Statutes: Prevention of Crimes Act 1953 1(1) Crime Updated: 25 May 2022; Ref: scu.136779
The House considered the amount of violence or force required to be used to establish the offence of affray: ‘the extent to which the ‘display of force . . without actual violence’ constitutes the offence of affray even where the element of terror is present is still not wholly clear. It seems that the brandishing … Continue reading Regina v Taylor: HL 1973
The appellant was the son of the licensee of an inn. On returning to the inn one night at about 11.17, he found that police officers wished to enter the premises as they suspected that the licensee was committing an offence under the Licensing Act . .