Lewis Szewczyk [2019] EWCA Crim 1811

The appellant was convicted of two offences of having an article with a blade and appealed against conviction.
The police stopped him, and he had two knives with him. He immediately told officers that a man had attacked him and that he had disarmed him.

The appeal turned on a point of law. Was there a continuing obligation on the part of the Crown to prove that he had the knives with any intent? Or was it for the appellant to prove on the balance of probabilities that he had them for the innocent purpose he claimed?

Held: “if a person has with him for a short time – for a very short time – a bladed article, that proves the actus reus of the offence under that Act; and the burden of showing he had good reason or lawful authority falls upon him.”

The appeal was dismissed.