Millennium Chambers is pleased to report a successful outcome secured by Tess McCarthy, Pupil Barrister, following a trial at Colchester Magistrates’ Court, where a defendant in his seventies was acquitted of an offence of possession of an offensive weapon in a public place.
The case concerned an allegation that the defendant, a retiree, was in possession of a single golf club located in the boot of his vehicle, which the prosecution alleged was intended for use as an offensive weapon during a verbal altercation with another member of the public. The prosecution case relied primarily on the account of a civilian witness who suggested that the defendant’s actions demonstrated the requisite intent.
During the trial, Ms McCarthy conducted a careful cross-examination of the prosecution witness, identifying inconsistencies and elements of embellishment within their evidence. She further advanced submissions supported by relevant case law, addressing the legal test for intention and emphasising the absence of evidence capable of establishing that the golf club was intended for offensive use.
The bench found the prosecution evidence to be unreliable and concluded that the legal threshold for intention had not been met. The defendant was therefore found not guilty.
Tess McCarthy appeared for the defence and was instructed by Levy & Co Solicitors.
This case highlights the importance of rigorous evidential analysis and the correct application of legal principles when determining intention in possession offences.
