Australia inherited its legal system from the British who originally colonized the country. At the time of colonization, British laws were transferred to the colonies since then laws have been interpreted, applied and developed by Australian judges.
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The oxford dictionary defines cut-throat razor “as a razor having a long blade set in a handle, usually folding like a penknife”.(n.d.). According to prohibited bladed weapons Act “flick knife or other similar device that has a blade folded or recessed into the handle which opens automatically considered to be prohibited weapon”. (razor 2013). Therefore, the cut-throat razor is a prohibited weapon.
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According to Weapon Prohibition Act 1998 sec 4 “ a person in or on any premises, vehicle, vessel or aircraft in which there is a prohibited weapon is to regarded as having possession of the weapon unless the person proves otherwise”(Acts 2013).Therefore, Rambo considered possessing a prohibited weapon, in his car, in a public place.
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The cut-throat razor is not offensive weapon per se, for it was not manufactured for causing injury or harm to others, such as guns (n.d.). However, Rambo indented to use it as an offensive weapon either offensively or defensively.
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------------------------------------------------- ------------------------------------------------- ------------------------------------------------- “weapon” as “any article made or adapted for use for causing injury to a person or intended by the person having it with him for such use by him. (http://www.credoreference.com.databases.avondale.edu.au/entry/collinslaw/offensive_weapon); and “offensive” is defined as “causing anger; insulting for the purpose of attack rather than defense. Therefore, offensive weapons are defined in the Prevention of Crime Act 1953: ‘
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------------------------------------------------- The online Oxford Dictionary defines offensive as ‘causing someone to feel resentful, upset, or annoyed. Or, actively aggressive; attacking(2013). It also defines a weapon as “a thing designed or used for inflicting bodily harm or physical damage”. (2013). Also it defines “ offensive weapon “ as a tool made or adapted for the purpose of inflicting either mental or physical injury upon another person. (2013).
There are four important principles of the criminal law. These are that a defendant is Innocent until proven guilty, the Prosecution must prove their case beyond a reasonable doubt, a person has a right to remain silent and once acquitted for an offence cannot be charged and tried again.
1. Innocent until proven guilty
The basis of our system of criminal justice is that a person, although charged with an offence, is considered innocent until proved guilty. The magistrate, judge or jury must be satisfied beyond a reasonable doubt that the person is guilty. Where there is a reasonable doubt, the person must be acquitted (found to be not guilty).
The fact that a person has been charged does not mean that she or he is guilty; it is only an allegation by Prosecution that they have committed the offence.
2. Burden of proof
Proving the guilt of a defendant lay on Prosecution. The defendant does not need to establish her or his innocence because each person in the eyes of the law is innocent until proven guilty. This rule applies in all criminal trials, although sometimes is up to the defendant to give evidence of a certain point in the defence case.
In offences which prohibit a certain act 'without reasonable excuse', the defendant must explain her or his excuse, although it is up to the prosecution to prove that the excuse is not reasonable. In some cases the burden of proof of a
