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 protection and that he could show on the balance of probabilities that he was in fear of an imminent attack. The judge’s ruling here amounts to saying that the facts as he understood them to be could not as a matter of law amount to a fear of an imminent attack.’
Citations:
[2009] EWCA Crim 2130, (2009) 173 JP 585, [2010] Crim LR 336, [2010] 1 Cr App R 11
Links:
Statutes:
Criminal Justice Act 1988 139(1)
Jurisdiction:
England and Wales
Crime
Updated: 17 June 2022; Ref: scu.377762