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 knife from one private property to another could amount to a good reason.
Held: The only possible defence which could have been advanced was based on forgetfulness. The law appeared clear. Gregson fitted the circumstances of this particular case and the appellant did not have a defence of ‘good reason’. The advice was correct.
Judges:
Otton LJ
Citations:
[1999] EWCA Crim 2150, 98/2069/X2
Statutes:
Criminal Justice Act 1988 139(1)
Jurisdiction:
England and Wales
Citing:
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 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 – 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: 25 October 2022; Ref: scu.158550
