Bown, R v

Bown, R v

There was insufficient evidence as to when and where the appellant intended to use the knife for self-harm, so the defence of good reason under section 139(4) could not be established. The judge was correct to withdraw the issue from the jury and direct a conviction.

Parties
Prosecution: Regina; Appellant: Mark Bown
Jurisdiction
England and Wales
Judgment Date
23 June 2003
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Possession of Bladed Articles, Defence of Good Reason, Jury Directions, Burden of Proof
Criminal Law Possession of Bladed Articles Defence of Good Reason Jury Directions Burden of Proof

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Parties

Regina

Prosecution

Mark Bown

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether carrying a knife for self-harm constitutes a 'good reason' under section 139(4) of the Criminal Justice Act 1988
  2. 2 Whether the judge or jury determines if a reason is capable of being a 'good reason' in law

Ratio Decidendi

There was insufficient evidence as to when and where the appellant intended to use the knife for self-harm, so the defence of good reason under section 139(4) could not be established. The judge was correct to withdraw the issue from the jury and direct a conviction.

Court Disposition

appeal dismissed

Orders

  • conviction upheld