Question

The government of Barini (fictitious state) in response to an increase in crime, related to weapons other than guns, introduced the Offensive Weapons Act 2019 ("OWA") (fictitious). Jaden was charged with an offence contrary to OWA. Section 2 of the OWA states that "It is an offence, triable on indictment, for a person to have in his possession, an unlawful weapon without lawful justification in a public place".

On December 2, Jaden bought a mannequin from the store near his apartment building. Jaden took the mannequin home and practiced very aggressive moves on the mannequin in the hallway of his apartment building and not in his room. During his practice session, Jaden had in his possession a sword which he used to make stabbing motions at the mannequin. Residents of the complex, especially Chris, were scared of Jaden's actions and having called the police, Jaden was arrested.

The Director of Public Prosecutions argues that Jaden's actions fall within the definition of the offence under the OWA.

Jaden argues that the hallway of the apartment building is not a 'public place' within the meaning of the OWA as it is private property. Access is restricted to the apartment building by a gate accessible by a code, known only to residents of the apartment building.

Jaden arrived at your office a few hours before his court appearance showing you some research he found. It was the case Smith v Hughes [1960] 2 All ER 859, which considered the meaning of s. 1(1) of the Street Offences Act 1959. It is an offence under that Act for a prostitute to solicit in a 'street or public place'. The women were not actually in the street, but were inside their homes, tapping on their windows and calling to attract the attention of men.

The women were found guilty. Jaden wants to know how this affects his case.

Using scholarly works and cases, write a response to the above facts advising Jaden as to the likely interpretation of the OWA. In advising Jaden consider the rules of interpretation, the aids to interpretation and any relevant presumptions on interpretation.