R v Matthews (Mark Anthony)

Subject Matter

CRIME — Offensive weapon — Article with blade — Defendant charged with possession of knife in public place — Good reason or lawful authority to be proved in order to establish statutory defence — Whether compatible with presumption of innocence — Criminal Justice Act 1988, s 139 (as amended by Offensive Weapons Act 1996, s 3) — Human Rights Act 1998, Sch 1, Pt I, art 6(2)

[2003] EWCA Crim 813; [2004] QB 690; [2003] 3 WLR 693; [2003] 2 Cr App R 302; The Times, 28 April 2003, CA

Commentary

Blackstones Criminal Practice 2025
Having Article with Blade or Point in a Public Place - Defences - Good Reason or Lawful Authority (s. 139(4)) B12.187

Burden of Proof - Incidence of the Legal Burden: the Human Rights Act 1998 - L v DPP: Criminal Justice Act 1988, s. 139(4) F3.21

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