Rabia Mir secured an acquittal for the Defendant charged with possession of an offensive weapon (large kitchen knife) in a public place. The Defendant was alleged to have threatened the complainant with the kitchen knife on the street. This altercation was witnessed by two independent witnesses who had confirmed that the Defendant had waved a knife. The Defendant stated that he had not been in possession of a knife on the street and was in fact in possession of a metal ‘crumb collector’ which had been mistaken for a knife by the witnesses. The Defendant only accepted having a kitchen knife with him when he was in his front garden, which he argued was a private place for the purposes of this offence. The Crown did not accept that the Defendants front garden was a ‘private place’ but Rabia successfully argued that a person’s front garden is not deemed to be a public place for the purpose of this offence, as any invitation for tradesmen/guests etc can be withdrawn by the occupier of such property. In her closing, Rabia put the prosecution to proof and unanimously convinced the jury that the Defendant did not have a knife on the street.
Contact us if you or someone you know has been found in possession of a knife.