A carpenter on his way home with the tools of his trade who became involved in a dispute with another man while boarding a tube train. The defendant immediately took from his briefcase a hammer and deliberately struck the other man with it on the head.
Held: The conviction under the 1953 Act was quashed.
Lord Widgery CJ said: ‘In the absence of authority I would hold that an offence under section 1 is not committed where a person arms himself with a weapon for instant attack upon his victim. It seems to me that the section is concerned only with a man who, possessed of a weapon, forms the necessary intent before an occasion to use actual violence has arisen. In other words, it is not the actual use of the weapon with which the section is concerned, but the carrying of the weapon with intent to use it if occasion arises.’
Judges:
Lord Widgery CJ
Citations:
[1975] 1 WLR 724, [1975] 2 All ER 490
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Szewczyk, Regina v CACD 22-Oct-2019
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 . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 22 November 2022; Ref: scu.650540