(788)  STRIPOGRAM’S TRUNCHEON NOT AN OFFENSIVE WEAPON

Until now Scots Law News has resisted the temptation to give publicity to the rather absurd prosecution of Stuart Kennedy of Aberdeen. 

Mr Kennedy was charged in 2007 with impersonating a police officer and carrying offensive weapons (two police truncheons or batons, and a fake CS spray canister), but turned to be working as a stripogram in an Aberdeen bar, starting his act in a police uniform and working under the professional name of Sergeant Eros.  The impersonation charge was later dropped but the Crown pressed on with the offensive weapons charges and, when these were dismissed by an Aberdeen sheriff on 4 December 2007, appealed to the Court of Criminal Appeal.  There were concerns that the sheriff’s ruling would enable anyone carrying offensive weapons to say they were going to a fancy dress (or undress) party.  “We could,” argued the advocate depute, Brian McConnachie QC, “have ninjas carrying nunchaku sticks or going as a ned carrying a flick knife."  The Court announced on 25 April 2008 that the appeal had failed, for reasons to be given later in writing.  (Here they are.)  The Crown Office rather sniffily announced that “It is not possible for the Crown – or other commentators – to comment with authority on today's ruling before we have sight of the court's full written judgement.”  Commentary probably isn’t necessary, actually.