F3.10 – statutory exception continued

Question 1

s1 Prevention of Crime Act.

If the prosecution prove possession of an offensive weapon in a public place

(i) what needs to be proved next?
(ii) by whom?
(iii) what is the standard of proof.

(iv) what happens in the case where the article is not made or adapted for use for causing injury to the person?

Answer 1

The onus is on (ii) the accused to prove (iii) on a balance of probabilities (i) lawful authority or reasonable excuse for the possession (Davis v Alexander (1970) 54 Cr App R 398).

–> , the prosecution are not required to prove that the accused carried it with the intention of using it to cause injury to the person.

(iv) the onus is on the prosecution to prove that the accused carried it with the intention of using it to injure. If the jury are satisfied with this, and the issue of lawful authority or reasonable excuse has been raised, the onus is on the accused to prove on a balance of probabilities such authority or excuse (Petrie [1961] 1 All ER 466; Brown (Daniel William) (1971) 55 Cr App R 478).

Question 2

s4(2) Homicide Act:

‘Where it is shown that a person charged with the murder of another killed the other or was a party to his … being killed, it shall be for the X to prove that the person charged was acting in pursuance of a suicide pact between him and the other’

Who is X?

Answer 2

The defence.