ROBERT GRAHAM McKERNON v. PROCURATOR FISCAL, GLASGOW

The appellant was charged on summary complaint at Kilmarnock Sheriff Court in the following terms:

"that on 7 July 1997 you, Robert Graham McKernon did have with you in a public place, namely the front garden of the dwellinghouse at 20 Henderson Drive, Saltcoats, articles to which section 40 of the aftermentioned Act applies, namely two knives, contrary to the Criminal Law (Consolidation) (Scotland) Act 1995, section 49(1)".

The appellant pleaded not guilty and after trial on 10 October 1997 the sheriff found him guilty as libelled. At the end of the Crown case the defence solicitor had made a submission that there was no case to answer but this had been rejected. The sheriff sentenced the appellant to a fine of �4,000. The appellant has appealed by way of Stated Case against conviction and sentence.

The sheriff found that the appellant had the knives with him in the street before he went into the garden at No 20, (that is his finding in fact (8)) and in finding in fact (9) he also found that the appellant had a smaller knife with him in the street outside the garden after he was taken under arrest from the garden to the police car. The sheriff's findings in fact were essentially that the appellant had committed an offence because on two occasions he had had knives in a public street.