Practice and Procedure

R v MARCUS JOHN MCAULEY (2009)

PUBLISHED October 8, 2009
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[2009] EWCA Crim 2130

A conviction imposed following a late plea of guilty to having an article with a blade or point in a public place was quashed as the judge had erred in ruling that the defendant's fear of attack could not, in the circumstances, amount to a good reason under the Criminal Justice Act 1988 s.139(4). The question should have been left for the jury to decide after hearing all of the evidence.

CA (Crim Div) (Keene LJ, Blair J, Judge Rogers QC)

08/10/2009

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