Acquittal for Possession of an Offensive Weapon
We represented the defendant who was accused of possession of an offensive weapon. Our client said that he was carrying a metal bar without any intention to injure somebody with it, he simply wanted to deter anyone from attacking him.
He was arrested in possession of a metal bar at Leyton Underground Station by the British Transport Police. He explained to police in interview that he had been attacked in the past and had picked up the bar as a visual deterrent to prevent someone from attacking him. He stated that never intended to use the metal bar to injure someone.
For a metal bar to be considered an offensive weapon according to section 1 of the Prevention of Crime Act 1953, the defendant must have had it with him with the intention of injuring another person. We cited R v Rapier (1979) 70 Cr App R 17) in support of the submission that the defendant’s intention to intimidate did not amount to the intention to injure that was required.
The jury unanimously acquitted our client.
Lorena Lowen and Phoebe Coleman prepared the case for trial, and Jonathon Mitchell from 25 Bedford Row was Counsel.
