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 discovered weapons left by a passenger, but forgot having placed them in a glove compartment.
The defendant was a mini cab driver who had offensive weapons in his vehicle when he was stopped. He said they had been left by a passenger a few days earlier, and that he had forgotten to remove them. When charged with an offence, he contended that he had ‘reasonable excuse’ for having the weapons with him in a public place. The trial judge directed the jury that forgetfulness is not an excuse.
Held: That was a misdirection. Depending upon the circumstances of the particular case, forgetfulness may be relevant to whether or not a defendant has a reasonable excuse for possession of an offensive weapon. The circumstances of the present case, including the fact that it was not the defendant who had introduced the weapons into his car, the fact that the weapons had been in his possession for a comparative short period of time and the fact that he had given evidence as to how busy he was on the relevant night, which bear on the question of his forgetfulness, all as it seems to us, made the relevance of the forgetfulness to the question of whether his excuse of possession was reasonable a matter for the jury.
Judges:
Rose LJ
Citations:
Times 14-May-1999, Gazette 20-Oct-1999, [1999] EWCA Crim 1221, [1999] 163 JP 557
Links:
Statutes:
Prevention of Crimes Act 1953 1
Jurisdiction:
England and Wales
Citing:
Cited – 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 by:
Cited – Jolie v Regina CACD 23-May-2003
The appellant had been convicted of having a pointed article with him in a public place. He said that the car he was driving had needed an instrument to operate the lock. At first he had used a knife, but then used scissors, losing the knife in 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 . .
Cited – Bayliss, Regina (on the Application of) v Director of Public Prosecutions Admn 6-Feb-2003
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: . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 02 September 2022; Ref: scu.157621