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 failed. The 1953 Act applied to any object including items not in themselves offensive, and the later Act dealt with bladed articles only, and therefore the construction of the earlier Act could not be carried through.
Judges:
Irwin LJ, Andrews J, Judge Aubrey QC
Citations:
[2019] EWCA Crim 1811, [2020] 1 WLR 492, [2019] WLR(D) 665
Links:
Statutes:
Prevention of Crime Act 1953 1(1), Criminal Justice Act 1988 139
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Jura CCA 1954
The defendant was charged with possession of an offensive weapon in public. He was holding an air rifle at a shooting gallery when, on a sudden provocation, he shot and wounded a woman.
Held: he had a reasonable excuse for ‘carrying’ the rifle . .
Cited – Ohlson v Hylton QBD 1975
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 . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 20 November 2022; Ref: scu.650534