Tsap, R v

Tsap, R v

The judge erred in ruling that there was no evidence to support a defence of reasonable excuse; the circumstances of the appellant's acquisition and possession of the knife went beyond mere forgetfulness and should have been left to the jury.

Parties
Appellant: Vasil Tsap; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
21 October 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal allowed, conviction quashed, no retrial ordered
Legal Topics
Possession of Offensive Weapon, Reasonable Excuse, Jury Directions
Criminal Law Possession of Offensive Weapon Reasonable Excuse Jury Directions

Case Brief

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Parties

Vasil Tsap

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in ruling there was no evidence to support a defence of reasonable excuse for possession of an offensive weapon

Ratio Decidendi

The judge erred in ruling that there was no evidence to support a defence of reasonable excuse; the circumstances of the appellant's acquisition and possession of the knife went beyond mere forgetfulness and should have been left to the jury.

Court Disposition

appeal allowed, conviction quashed, no retrial ordered

Orders

  • conviction quashed
  • no retrial ordered