Grapefruit cutter ruled 'a knife' by high court judge

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Shambling Shaman

Bushcrafter (boy, I've got a lot to say!)
May 1, 2006
3,859
5
55
In The Wild
www.mindsetcentral.com
Seen this plz move if in wrong bit.

Well I thought this was blatantly obvious,

http://www.bbc.co.uk/news/uk-england-berkshire-11600318

Grapefruit cutter ruled 'a knife' by high court judge

A grapefruit knife is "a knife" in the eyes of the law and cannot be sold to under-18s, a judge has ruled.

Royal warrant store WJ Daniel & Co, in Windsor, was prosecuted by trading standards after a teenager bought one.

Magistrates in Bracknell, Berkshire, had decided the eight-and-a-half inch instrument, designed to scoop out flesh, was a "food preparation gadget".

But the High Court ruled it was a knife and ordered the decision to be quashed and for the case to be sent back.

The test case was brought to court by Royal Borough of Windsor and Maidenhead trading standards officers seeking a change in the law.

They said if the decision had stood it would have meant young people with malicious intent could have legally bought sharp-bladed kitchen implements.

'A gadget'

The company had been prosecuted under the 1988 Criminal Justice Act, as amended by the 1996 Offensive Weapons Act.
Continue reading the main story
“Start Quote

It would have set a dangerous precedent”

End Quote Steve Johnson Trading standards manager

The £2.99 knife, which has a four-inch long pointed blade serrated on both sides and curved at the end, was sold to a 15-year-old in February 2009, during an undercover investigation.

The 1988 Act gives no definition of what is a knife, and three magistrates ruled the grapefruit knife was not a knife under the legislation.

When the case went to court in November, magistrates stated it had a curved blade, making it distinct from a flat-bladed knife, was designed for a single use and was described in the suppliers' marketing material as "a gadget".

Overturning the decision, Sir Anthony May, President of the Queen's Bench Division, ruled: "An article designed for a single use may well be a knife, and some articles that curve may be knives.

"The suppliers' understanding is not determinative."

The justices will now have to decide whether the store is entitled to rely on the defence that it took all reasonable precautions and exercised all due diligence to avoid commission of the offence.

Steve Johnson, trading standards and licensing manager for the Royal Borough of Windsor and Maidenhead, welcomed the decision.

"It would have set a dangerous precedent," he said.
 

iamasmith

Forager
Aug 12, 2009
128
1
London
How much bleedin' time and money went into this. A flamin' grapefruit knife :(

If there was a concern about it being a weapon then a tea spoon held by the spoon bowl or a Bic biro would be more dangerous.. saddening really isn't it?
 

British Red

M.A.B (Mad About Bushcraft)
Dec 30, 2005
26,715
1,962
Mercia
Get used to it. Once you try to legislate that people cannot own tools, for fear of what those tools can do in the wrong hands, you end up banning everything from a school compass, scalpel and hoof knife onwards. All these things are now suspect in law. Its pathetic, but the inevitable consequence of nanny statism.

Red
 

Retired Member southey

M.A.B (Mad About Bushcraft)
Jun 4, 2006
11,098
13
your house!
yup, in a good system the judge would have clipped them all round the ear and fined each person for wasting his\our money and time, And im not joking, thats how i think it should have gone,
 

Matt.S

Native
Mar 26, 2008
1,075
0
36
Exeter, Devon
Table/butter knives are knives and thus require 18+, yet forks have no age restrictions.

[sarcasm]I'm glad that state-employed busybodies have tackled all the other social ills so ruthlessly that this was the priority way to spend court time and money.[/sarcasm]
 

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