The legitimate purpose is a valid point, but we are also concerned about the onus. Certainly the obligation on the part of the crown in criminal offences is to prove each and every element beyond a reasonable doubt. If there is a doubt as to whether there is a functional or alteration purpose, we are concerned that this might be widened. As soon as they cast any doubt as to whether it's legitimate, our reading is that it is a possible defence and is liable to get them off.
On June 8th, 2009. See this statement in context.