Appeal from conviction for possession of a weapon for a purpose dangerous to the public peace. Appellant was a serving prisoner found in possession of a plastic knife with razor blades. At trial, the appellant testified that he kept it for his own protection. Issue on appeal as to whether the trial judge erred in inferring that “the weapon was dangerous, and not just defensive.”
Held: Appeal dismissed.
In Kerr, 2004 SCC 44, “[j]ustifiable possession of a weapon was described by two members of the Court as rising when ‘the attack is completely inescapable’, having regard to the location, atmosphere, nature of the threat, imminence of the danger, and actual use…Another two members described the test as
‘necessity’.… That would arise in limited situations of clear and imminent peril. Kerr specifically noted at para. 94 that ‘finding himself among a dangerous prison population’ was not sufficient.” As such, the appellant did not demonstrate any reviewable error.
Appellant in person