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Criminal law – Offensive weapons. High Court of Justiciary: Allowing an appeal against conviction by an appellant who was found guilty of having a bladed article, namely two knives, with him in a public place, without reasonable excuse, the court held that where lack of knowledge of the offending item was proffered as an excuse by an accused person in evidence, as in this case, it was almost inevitable that an appropriate direction should be given that the jury might find such an excuse to exist, however the sheriff had made no mention of the defence of reasonable excuse in his charge to the jury.
Criminal law – Offensive weapons. High Court of Justiciary: Allowing an appeal against conviction by an appellant who was found guilty of having a bladed article, namely two knives, with him in a public place, without reasonable excuse, the court held that where lack of knowledge of the offending item was proffered as an excuse by an accused person in evidence, as in this case, it was almost inevitable that an appropriate direction should be given that the jury might find such an excuse to exist, however the sheriff had made no mention of the defence of reasonable excuse in his charge to the jury.
Update from the Chair of the Bar
By David Green
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