The appellant appealed against his conviction for having a bladed article in a public place. Police called at his home, and the ensuing struggle came out into the garden where he was arrested. He was later found to have the knife in his pocket.
Held: The judge was wrong to treat the garden as a public place, despite Edwards. To do so would lead to inconsistencies, for example, where perhaps there was a fence, with different answers according to the height of the fence.
Judges:
Mr Justice Elias, Lord Justice Mantell, Mr Justice Jack
Citations:
[2003] EWCA Crim 2753, Times 05-Nov-2003, Gazette 20-Nov-2003, [2004] 1 WLR 181
Links:
Statutes:
Criminal Justice Act 1988 139(7)
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Edwards and Roberts CACD 1978
The defendant appealed against a conviction for having a knife in a public place. He had been in his front garden.
Held: Persons such as the postman or milkman who have an implied licence to enter the garden do so not as members of the public . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 08 June 2022; Ref: scu.186995
