The interior of a taxi while the driver is plying for hire constitutes a 'public place' under the Criminal Code (WA) definition, satisfying both limbs (a) and (b) of the definition in s 1. A person charged with possession of pepper spray under s 7 of the Weapons Act 1999 (WA) cannot rely on the defence in reg 7 of the Weapons Regulations by merely asserting the spray was for personal protection; evidence of an actual purpose of defence in reasonably anticipated circumstances must be adduced. The available grounds of appeal under pt 2 div 3 of the Criminal Appeals Act 2004 (WA) include at least material error of fact or law by the single judge, though this was not exhaustively decided.
The full text is available to signed-in members, including the 38 later cases that cite this judgment.
10 of the 38 citing cases carry a classified treatment. How each court treated it is available to signed-in members.