Weapons Flashcards
When does a person commit and offence in relation to an offensive weapon
They commit an offence if they have with them without lawful authority or reasonable excuse an offensive weapon in A PUBLIC PLACE
What is the state of mind for this offence
Strict liability - HAS WITH THEM no need for mens rea
What if the person forgot the weapon was there?
No that is not a reasonable excuse
What if the weapon was in a private place
No offence - The person must have the weapon in a public place
If a weapon is offensive per se do you have to prove intent
No - Davis v Alexander
Would a worker carrying tools of their trade have a reasonable excuse for an offensive weapon
Yes
Would a person who sees a weapon on the ground and picks it up intenting to take it to the nearest Police Station have a reasonable excuse to have an offensive weapon
Yes
Would a security guard who is anticipating an attack have a reasonable excuse
May Yes
Would a taxi driver who forgot to remove a weapon from their boot which was left by a passenger have an excuse
Yes
Would a security guard who has it written into their contrat that they should carry a truncheon have a lawful excuse to carry an offensive weapon
No - They do not have lawful authority
If a person forgets they have the weapon on them, is that a reasonable excuse
No
If the person is unaware they have an offensive weapon with them in their vehicle is that a reasonable excuse
No - Note the difference with a taxi driver who had the weapon left by a passenger.
Is it an excuse to carry a weapon just in case
No this is an offense
Is it an offense to have a weapon if an attack is anticipated
Yes this could be lawful possession.
Is it an offence to instantly use a weapon once confronted by a threat which had been, being used innocently.
No - No offence of offensive weapon.
When do you have to form the intent to use the weapon of an innocent item.
Before the item is picked up. ie if a builder who was innocently using a hammer, got into an argument and used the hammer. Although they have committed an assault they will not have used an offensive weapon as they had the item prior to forming the intent to use it as a weapon.
When does a person commit the offence of threatening with an offensive weapon.
Has with them an offensive weapon in a public place/
They unlawfully and intentionally threaten another with the weapon.
They do so in such a way to cause the fear of immediate risk to GBH
In the case of threatening with an offensive weapon - What if the person was threatening for a lawful purpose - protect life / property / life of another etc.
No offence.
Is a university a school premises in relation to the offence of having a bladed or sharply pointed article on school premises.
No
Is the caretaker or headmasters house used as a dwelling a school premises in relation to the offence of having a bladed or sharply pointed article on school premises.
No
Is a folding pocket knife with a blade less than 3 inches a bladed or sharply pointed article.
No
When can a teacher search pupils for a knife or weapon
When they have reasonable grounds to suspect a pupil has a knife, bladed article or an offensive weapon.
Where can a teacher search pupils for a knife or weapon
On premises - i.e the teacher and pupil are on school premises.
Off school premises under the control of the teacher - ie a school trip.
Which teachers can conduct a search of a pupil for a knife or weapon
The headmaster or a teacher authorised by the headmaster.
