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 appeal succeeded.
Judges:
Simon Brown LJ, Owen J
Citations:
[1997] CLY 1234, [1997] EWHC Admin 508
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Williamson CACD 1977
Geoffrey Lane LJ said: ‘As has been pointed out in numerous cases, that [ie section 1(4) of the Act] provides three categories of weapons. The first category is the weapon which is made for causing injury to the person. The second type of weapon is . .
Cited – Houghton v Chief Constable of Greater Manchester 1986
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 . .
Cited – Stephen Chen v Director of Public Prosecutions 4-Mar-1997
Rose LJ said: ‘Whether or not an object is an offensive weapon per se is a question of fact which depends upon the whole of the evidence. It is not a matter which is or should be susceptible to a ruling as a matter of of law.’ . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 26 May 2022; Ref: scu.137453
