Director of Public Prosecutions v Patterson

Director of Public Prosecutions v Patterson

The magistrates were entitled, on the facts found and applying the wide discretion granted by statute, to conclude that the respondent had a reasonable excuse for possessing the butterfly knife in a public place, and thus to find him not guilty.

Parties
Claimant: Director of Public Prosecutions; Defendant: Philip Robert Patterson
Jurisdiction
England and Wales
Judgment Date
19 October 2004
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Magistrates' Decision
Outcome
appeal dismissed
Legal Topics
Possession of Offensive Weapons, Reasonable Excuse, Strict Liability
Criminal Law Possession of Offensive Weapons Reasonable Excuse Strict Liability

Case Brief

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Parties

Director of Public Prosecutions

Claimant

Philip Robert Patterson

Defendant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Magistrates' Decision

Legal Issues

  1. 1 Whether the respondent had a reasonable excuse for possessing a butterfly knife in a public place
  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 granted by statute, to conclude that the respondent had a reasonable excuse for possessing the butterfly knife in a public place, and thus to find him not guilty.

Court Disposition

appeal dismissed

Orders

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