Director of Public Prosecutions v Patterson [2004] EWHC 2744 (Admin) (19 October 2004)

Director of Public Prosecutions v Patterson [2004] EWHC 2744 (Admin) (19 October 2004)

The magistrates were entitled, on the facts found and applying the wide discretion afforded by the statutory phrase 'reasonable excuse', to conclude that the respondent had a reasonable excuse for possessing the butterfly knife in a public place. The statutory language does not require the excuse to be limited to self-defence or work-related necessity, and the tribunal of fact is empowered to assess the credibility and sufficiency of the excuse advanced.

Citation
[2004] EWHC 2744 (Admin)
Parties
Claimant: Director of Public Prosecutions; Defendant: Philip Robert Patterson
Jurisdiction
England and Wales
Judgment Date
19 October 2004
Procedural Posture
Criminal Appeal (case Stated) / Appeal From Magistrates' Court to High Court
Outcome
appeal dismissed
Legal Topics
Offensive Weapons, Reasonable Excuse, Strict Liability, Prevention of Crime Act 1953
Criminal Law Offensive Weapons Reasonable Excuse Strict Liability Prevention of Crime Act 1953

Case Brief

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Parties

Director of Public Prosecutions

Claimant

Philip Robert Patterson

Defendant

Procedural Posture

Criminal Appeal (case Stated) / Appeal From Magistrates' Court to High Court

Legal Issues

  1. 1 Whether the excuse advanced by the respondent for having a butterfly knife in a public place was a reasonable excuse under section 1 of the Prevention of Crime Act 1953
  2. 2 Whether the magistrates were correct to find the respondent not guilty of possessing an offensive weapon

Ratio Decidendi

The magistrates were entitled, on the facts found and applying the wide discretion afforded by the statutory phrase 'reasonable excuse', to conclude that the respondent had a reasonable excuse for possessing the butterfly knife in a public place. The statutory language does not require the excuse to be limited to self-defence or work-related necessity, and the tribunal of fact is empowered to assess the credibility and sufficiency of the excuse advanced.

Court Disposition

appeal dismissed

Orders

  • The appeal by the Director of Public Prosecutions is dismissed.