Tavian Thompson v Crown Prosecution Service

The statutory definition of a zombie knife requires an objective assessment of whether the words or images on the knife suggest that it is to be used for violence. The possessor’s actual intention and the knife’s actual use are irrelevant. The words and images must be considered in their entirety, although particular words or images may properly be decisive in context. A fictional reference may satisfy the definition. A dictionary definition may assist in determining meaning, and judicial notice may be taken of an evident association between a well-known character and violence. Each case depends on the words and images proved and, where necessary, expert evidence.

The appellant possessed a knife bearing a cutting edge, a serrated edge and the words “Rambo First Blood Part 1”. He was charged with possessing a zombie knife in private contrary to Criminal Justice Act 1988, section 141(1A), as applied by paragraph 1(s) of the Criminal Justice Act 1988 (Offensive Weapons) Order 1988.

The District Judge concluded that the words suggested that the knife was to be used for violence. The appellant pleaded guilty after that ruling and obtained a case stated. The issue before the Administrative Court was whether the statutory definition was met on the agreed facts.

1. Appeal dismissed. The District Judge had not erred in law. The answer to the case-stated question was no.
2. Paragraph 1(s) of the Criminal Justice Act 1988 (Offensive Weapons) Order 1988 requires three characteristics: a cutting edge, a serrated edge, and images or words suggesting that the knife is to be used for violence. The third characteristic is assessed objectively. The possessor’s subjective intention is irrelevant. A collector who intends only to display the knife may nevertheless commit the offence if the statutory description is met.
3. The word “suggest” means bringing the relevant purpose to mind by association of ideas. The assessment may range from an express instruction or image depicting violence to a subtler reference to a violent act, its cause or its result. The fictional nature of the reference does not prevent the definition being satisfied.
4. The words and images should ordinarily be considered as a whole. That does not prevent the court focusing on a particular word or image where, in context, it suggests a violent purpose. Additional neutral or non-violent words or images do not necessarily remove the knife from the definition.
5. A dictionary definition is a legitimate source in discerning the meaning conveyed by words. The judge was entitled to rely on the ordinary meaning of “Rambo” as depicting an aggressive and violent character. The association between Rambo and violence was also sufficiently beyond reasonable dispute for judicial notice. It was unnecessary to view the film or investigate the precise development of the character across the film series.
6. “Rambo First Blood Part 1” could suggest a violent purpose because of the association with Rambo, the expression “First Blood”, and the reference to a violent film. The reference was not obscure. Expert evidence may be appropriate in cases involving more obscure characters, events or contextual meanings, but it was unnecessary here.

The statutory definition was therefore satisfied on the agreed facts, and the appeal was dismissed.

• High Court (Administrative Court): The appeal by way of case stated was dismissed. The court upheld the District Judge’s conclusion that the knife met the statutory definition.
• District Court: District Judge Waite concluded on 15 September 2022 that the knife was a zombie knife. The appellant subsequently pleaded guilty and was sentenced.