12.4 Flashcards
Define “Knife”
“A knife blade or a razor blade”
Define “Custody”
“Custody in this context means on the person, in a bag, in a locker etc”
What section is “Custody of knives in public places or schools”
Section 93IB Crimes Act 1900
What does Section 93IB Crimes Act mean?
A person must not have in the person’s custody a knife in a public place or a school.
What are the elements of 93IB?
- Accused
- Custody of a knife
- In a public place
What are the reasonable excuses for a person having a knife in the person’s custody?
- The lawful pursuit of the person’s occupation, education or training
- The preparation or consumption of food or drink
- Participation in a lawful entertainment, recreation or sport
- The exhibition of knives for retail or other trade purposes
- An organised exhibition by knife collectors
- The wearing of an official uniform
- Genuine religious purposes
What are not reasonable excuses for a person having a knife in the person’s custody?
- For self-defence, or
- For the defence of another person.
What section is “Using or carrying knives in public places or schools”
Section 93IC Crimes Act 1900
What does Section 93IC Crimes Act mean?
(1) A person must not use a knife, or carry a knife that is visible, if the use or carrying occurs:
(a) In the presence of a person, and
(b) in a public place or a school, and
(c) in a way that is likely to cause a reasonable person to reasonably fear for the person’s safety.
What section is “Custody of offensive implement”?
Section 11B Summary Offences Act 1988
What does Section 11B Summary Offences Act 1988 mean?
(1) A person shall not, without reasonable excuse (proof of which lies on the person), have in his or her custody an offensive implement in a public place or a school.
What is an “offensive implement”
- Anything made or adapted for use for causing injury to a person, or
- Anything intended, by the person having custody of the thing, to be used to injure or menace a person or damage property.
What section is “Parents who allow children to carry knives”
Section 11D Summary Offences Act 1988
What does Section 11D Summary Offences Act 1988 mean?
A parent must not knowingly authorised or permitted a child to be in possession of a knife.
What section is “Sale of knives to children”
Section 11F Summary Offences Act 1988
What does section 11F Summary Offences Act 1988 mean?
A person who sells a knife to a child under the age of 16 years is guilty of an offence.
