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: Forgetfulness did not break the possession so as to excuse it. That he may have had a good reason to have the knife with him on one day, and not to have a good reason on the day after was a decision by the justices which they were entitld to find.
[2003] EWHC 245 (Admin)
Bailii
Criminal Justice Act 1988 139(1)
England and Wales
Citing:
Applied – McCalla, Regina v CACD 1988
A cosh had been found in the glove compartment of the appellant’s car. He said he had picked it up a month earlier, had put it away and had forgotten about it.
Held: The court reviewed the authorities on what constituted possession. Once . .
Cited – Cugullere, Regina v 1961
The defendant had been driving a motor-van when he was stopped by the police. In the back of the van there were found three pickaxe handles bound with adhesive tape. His defence was that he did not know that the implements were in the back of his . .
Cited – Buswell, Regina v CACD 1972
The defendant was accused of possession of drugs. The drugs in question had been medically prescribed by the defendant’s doctor. After he had taken them home he genuinely thought that they had been accidentally destroyed by his mother when washing . .
Cited – Cugullere, Regina v 1961
The defendant had been driving a motor-van when he was stopped by the police. In the back of the van there were found three pickaxe handles bound with adhesive tape. His defence was that he did not know that the implements were in the back of his . .
Cited – Regina v Martindale CACD 1986
Possession does not depend upon the alleged possessor’s powers of memory. Nor does possession come and go as memory revives or fails. ‘In the judgment of this court [that the argument that lack of memory or knowledge negatives possession is . .
Cited – Regina v Glidewell CACD 4-May-1999
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.
Cited – Director of Public Prosecutions v Gregson QBD 23-Sep-1992
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 . .
Cited – Regina v Hargreaves CACD 30-Jul-1999
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 01 September 2021; Ref: scu.184952
