D, R v

A cut-throat razor is not a pocketknife within the meaning of section 139(3) Criminal Justice Act 1988; the ruling that it was excluded from the prohibition was wrong in law.

Parties: Appellant: Regina; Respondent: D
Jurisdiction: England and Wales
Judgment Date: 15 January 2019
Procedural Posture: Criminal Appeal / Prosecution Appeal Under S.58 Criminal Justice Act 2003
Outcome: ruling overturned; prosecution appeal allowed
Legal Topics: Statutory Interpretation, Bladed Articles, Folding Pocketknife Exception

Criminal Law Statutory Interpretation Bladed Articles Folding Pocketknife Exception

Case Brief

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Parties

Regina

Appellant

Respondent

Procedural Posture

Criminal Appeal / Prosecution Appeal Under S.58 Criminal Justice Act 2003

Legal Issues

1 Whether a folding cut-throat razor with a blade less than three inches is a 'folding pocketknife' under section 139(3) Criminal Justice Act 1988
2 Whether the item falls within the statutory exception to the prohibition on carrying bladed articles in public places

Ratio Decidendi

A cut-throat razor is not a pocketknife within the meaning of section 139(3) Criminal Justice Act 1988; the ruling that it was excluded from the prohibition was wrong in law.

Court Disposition

ruling overturned; prosecution appeal allowed

Orders

Order under section 61(4) Criminal Justice Act 2003 for proceedings to be resumed in respect of count 3