Summary conviction appeal. Accused convicted of breaching his recognizance condition not to be in possession of any weapon. Police found a machete and a fishing knife in the accused’s vehicle. Issue of whether the items met the definition of “weapon” as set out in s 2 CC.
Held: Appeal dismissed.
“In summary, then: an item which has been found to have been objectively designed to use as a weapon, and which has no other use, is a weapon. An item which is both violent and non-violent in potential use will be found to be a weapon where the context supports the inference that that was the accused’s design and the context does not support any other reasonable possibility.” On the evidence here, it was not a reasonable possibility that the objects were possessed for a non-violent purpose; the evidence supported the inference that the appellant possessed both items as weapons.
N. Whitling – Defence Counsel