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 This page contains two directions:

(1) (possession denied - only issue knowledge)

(2) (possession accepted - defence of good reason)

Having an article with a blade or point (1) (possession denied - only issue knowledge)

 

“an item which had a blade or was sharply pointed”

 

This is accepted.  D** agrees that the ** knife blade had a blade.

 

 

“in a public place” 

 

Again, this is accepted.  D** accepts that ** is a public place.

 

 

“had with him”

 

These words have to be read as “knowingly had with him”. D** cannot be guilty if he did not know that the knife blade was in his **.

 

However, merely forgetting about something is not enough to prevent someone from continuing to have it.

 

So, if D** knew that the blade was in his ** at some time in the past, but had forgotten about it, he “had it with him”.

 

It is possible to infer knowledge, having regard to all the evidence, from the surrounding circumstances.

 

 

The prosecution must prove that he knew that the knife blade was in his ***.

 

The defendant does not have to prove that he did not know that it was there.

 

 

“without good reason or lawful authority”

 

This does not arise on the evidence in this case.

 

There is no suggestion that D** had “lawful authority” so you do not have to consider those words

 

Nor can he have had a good reason if he did not know, as he says, that the knife blade was in the **.

 

Having a knife blade to carry out DIY tasks (e.g. ***) may be a good reason but there is no suggestion that D** put the knife in his ** to do this.  His evidence is simply that he did not put it in the **.

 

 

So, the key question for you to answer, having regard to all the evidence and the directions which I give you, is this

 

 

Are you sure that at some time D** knew that the blade was in his **?

 

 

If the answer is “yes, he is guilty.   If the answer is “no”, he is not guilty.

 

 

Article with a blade or point (2) (possession accepted - defence of good reason)

Having an article with a blade or point

The prosecution must satisfy you so as to be sure that: 

1.         The item had a blade or was sharply pointed.  This is accepted.  D** agrees that the **cut throat razor or barber’s knife in his pocket had a blade.

2.         The defendant had it in public place.  Again, this is accepted.  D** accepts that he had it in **his pocket and that ** Road is a public place.

However

3.           It is a defence for a person charged with this offence to prove that he had good reason for having the article with him in a public place. Having a **barber’s knife or cut throat razor to have your hair trimmed or outlined by your girlfriend later in the evening is a good reason.

Burden and standard of proof in relation to Count *

So in relation to Count *, you must decide whether D** had a good reason for having the knife with him. The law is that that is a matter for him to prove on all the evidence.

However whenever the law requires a defendant to prove something, he does not have to make you sure of it. He only has to show that it is probable, which means it is more likely than not, that he had a good reason.

If you decide that probably he did have a good reason, you must find him 'Not Guilty'. If you decide that he did not have a good reason, then providing that the prosecution has made you sure that he had the knife in a public place, you must find him 'Guilty'.

So, the key question in relation to Count *, having regard to all the evidence and the directions which I give you, is

Is it more likely than not that D** had the knife because **he wanted his girlfriend to outline his hair?

If the answer is “yes”, he is not guilty of Count *.  If the answer is no, he is guilty. 

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