21.   However, the court held that the accused does not have this exception when he knows that what he proposes to do is a crime.

22.   This offence occurs when the accused has with him a firearm, imitation firearm, weapon of offence, or explosive.

23.   The accused must have with him an article.

24.   Whether the accused had that intent had to be left to the jury.

25.   In Jennings, above, the accused had a sheathknife to protect himself from a person with whom he had been quarrelling.

26.   The court was told both accused had extensive criminal records.

27.   Also, the accused might not have the opportunity to respond.

28.   He said the accused had lead canisters of radium in their possession.

29.   In several of the cases that Spina successfully prosecuted, he said, the accused had a history of child molestation or dealing in child pornography.

30.   In one version of the ordeal, the accused had to carry a red-hot iron for a short distance.