James Caldwell, of 2 Harcourt Buildings, London, instructed by Wessex Solicitors made a successful application at Portsmouth Crown Court to have our client’s case regarding possession of an offensive weapon dismissed on the basis that the car park in which the alleged offence occurred was not a public place.
Contrary to section 1(1) of the Prevention of Crime Act 1953, it is an offence to have an offensive weapon in a public place without lawful authority or reasonable excuse.
In this case our client was alleged to have been in possession of an offensive weapon (an asp) in the car park of a block of flats.
Although on the face of the prosecution evidence the car park appeared unsecure and open to the general public, investigation by our defence team revealed that parking permits were only issued to residents.
Mr Caldwell submitted a detailed application including extensive relevant case law, to demonstrate that as a matter of law our client could not have been in a public place when allegedly in possession of the offensive weapon.
The Prosecution was forced to concede the application and offered no evidence against our client, resulting in a ‘not guilty’ verdict being entered by the Court.