ABSTRACT
May LJ: ... The definition of ‘offensive weapon’, as is well-known to those who practise in the criminal courts, draws a distinction between those articles which are offensive weapons per se, as is said, and those articles which are brought within the definition because the person having them with him intends to use those articles as offensive weapons, although per se they may not be such. An example taken in some cases is that of a sandbag. That can be an effective weapon if it is intended to be used as such; on the other hand it has a purpose and a use wholly devoid of any offensive nature. It is therefore not an offensive weapon per se. In order to obtain a conviction of a person for possessing a sandbag, it must be proved that that person intended to use that sandbag as an offensive weapon on the relevant occasion.
