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Stephen Maize

Attacked half a hour earlier

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Stephen Maize

Is it okay for a person to carry a weapon if he was attacked a half a hour earlier? 

There was a court case back in 1998, but because it should have been left to the jury, it was dismissed.

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BlueBob

How many different ways are you going to try and promote self arming, if immediacy has already beaten covered, surely  30 mins after is also sorted.!

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Reasonable Man
Is it okay for a person to carry a weapon if he was attacked a half a hour earlier? 
There was a court case back in 1998, but because it should have been left to the jury, it was dismissed.

Depends on all the evidence that is presented to the court and how that particular course interprets that evidence.
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Mazza
Is it okay for a person to carry a weapon if he was attacked a half a hour earlier? 
There was a court case back in 1998, but because it should have been left to the jury, it was dismissed.


Please cite the case you are referring to.

In answer to your question, if a person is attacked the half hour previous, then self-arms, that to me reads like a retaliation, which is pre-planned.

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Funkywingnut
9 hours ago, Stephen Maize said:

Is it okay for a person to carry a weapon if he was attacked a half a hour earlier? 

There was a court case back in 1998, but because it should have been left to the jury, it was dismissed.

 NO

Because the danger isn’t imminent, and the arming is planned, which is not instant arming. 

No matter how many times you ask it, and how many ways, arming is only permitted when faced with imminent danger, not before, not after and not in the belief it’s ok. 

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Stephen Maize

The question is: is there a difference between a half a hour earlier and being armed for a fortnight?

The courts have clearly stated that being armed for a fortnight is unacceptable but half a hour earlier is ambiguous.

R v. Emmanuel, I have the court case at home.

you guys might be wrong in this instance.

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Cathedral Bobby

Is it a reasonable excuse to carry an offensive weapon for the purpose of self defence?

If the offensive weapon is carried as a ‘general precaution’, then no, this does not constitute a reasonable excuse. However, it might constitute a reasonable excuse if a person thought that he was about to be imminently attacked and carried the weapon to defend himself against a specific danger.

So the next stage would be what is meant by the term 'imminently'.

Imminent danger is a legal term that is used to describe situations that pose a direct and immediate danger to the individual affected by the action.

So what is meant by immediate?

Present; at once; without delay ; not deferred by any interval of time. In this sense, the word, without any very precise signification, denotes that action is or must be taken either instantly or without any considerable loss of time.

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Funkywingnut
2 hours ago, Stephen Maize said:

The question is: is there a difference between a half a hour earlier and being armed for a fortnight?

The courts have clearly stated that being armed for a fortnight is unacceptable but half a hour earlier is ambiguous.

R v. Emmanuel, I have the court case at home.

you guys might be wrong in this instance.

We aren’t but if you provide that specific case law we will be happy to discuss 

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Cathedral Bobby
2 hours ago, Stephen Maize said:

The courts have clearly stated that being armed for a fortnight is unacceptable but half a hour earlier is ambiguous.

Where does it state it is ambiguous, even then ambiguous doesn't mean OK.

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Stephen Maize
Posted (edited)

The court case is

Emmanuel [1998] Crim.L.R. 347

 

Thank you to everyone who is helping me out.

To broaden my understanding and avoid making mustakes prior to my research 

Edited by Stephen Maize

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Funkywingnut
7 hours ago, Stephen Maize said:

The court case is

Emmanuel [1998] Crim.L.R. 347

 

Thank you to everyone who is helping me out.

To broaden my understanding and avoid making mustakes prior to my research 

Cannot find it

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Stephen Maize
Posted (edited)

It is found in the The criminal law review. England and Wales

Edited by Stephen Maize

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Stephen Maize
Posted (edited)
4 hours ago, Funkywingnut said:

Emmanuel [1998] Crim.L.R. 347

https://www.casemine.com/judgement/uk/5b46f1ed2c94e0775e7ee40c

here is a related case

in case referred to in the link above, the defendant was given supervision 

Edited by Stephen Maize

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Cathedral Bobby
5 hours ago, Funkywingnut said:

Cannot find it

I couldn't either.

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