Glidewell, R. v [1999] EWCA Crim 1221 (04 May 1999)

Glidewell, R. v [1999] EWCA Crim 1221 (04 May 1999)

The trial judge misdirected the jury by stating that forgetfulness is not an excuse in law, when in fact, depending on the circumstances, forgetfulness may be relevant to whether a defendant has a reasonable excuse for possession of an offensive weapon. This misdirection rendered the convictions unsafe.

Citation
[1999] EWCA Crim 1221
Parties
Appellant: Appellant; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
04 May 1999
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
convictions quashed, appeal allowed
Legal Topics
Offensive Weapons, Reasonable Excuse, Jury Directions, Forgetfulness as Defence
Criminal Law Offensive Weapons Reasonable Excuse Jury Directions Forgetfulness as Defence

Case Brief

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Parties

Appellant

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in directing the jury that forgetfulness is not a reasonable excuse for possession of an offensive weapon
  2. 2 Whether the misdirection rendered the conviction unsafe

Ratio Decidendi

The trial judge misdirected the jury by stating that forgetfulness is not an excuse in law, when in fact, depending on the circumstances, forgetfulness may be relevant to whether a defendant has a reasonable excuse for possession of an offensive weapon. This misdirection rendered the convictions unsafe.

Court Disposition

convictions quashed, appeal allowed

Orders

  • Convictions on counts 1 and 2 quashed
  • No retrial ordered