OF09 - OFFENSIVE WEAPONS

Question 1

POWERS to search

Search and Surveillance 2012

Answer 1

SECTION 27 = PEOPLE IN PUBLIC PLACE
SECTION 28 = VEHICLE IN PUBLIC PLACE

RGTS that a person is committing an offence against 202(4)(a) in PUBLIC PLACE they may DETAIN, SEARCH, USE REASONABLE FORCE, SEIZE

SECTION 121 = stopping MV for EM

Question 2

Summary offences vs crimes act

Answer 2

SOA = lesser punishment/low level
CA = higher punishment/high level

Question 3

4 ELEMENTS OF POSSESSION OF OFFENSIVE WEAPON OR DISABLING SUBSTANCES
Crimes Act 1961 202A(4)(a)

Answer 3

1. WITHOUT LAWFUL AUTHORITY OR REASONABLE EXCUSE
   without legal right or justification, authority or permission. No lawful, genuine or reasonable excuse.
2. HAS WITH HIM OR HER
   in their possession
3. IN ANY PUBLIC PLACE
4. ANY KNIFE OR
   ANY OFFENSIVE WEAPON OR
   ANY DISABLING SUBSTANCE

Question 4

4 ELEMENTS POSSESSION OF OFFENSIVE WEAPON OR DISABLING SUBSTANCE (ANY PLACE)
S202A(4)(b)

Answer 4

1. HAS IN HIS OR HER POSSESSION
2. IN ANY PLACE
3. ANY OFFENSIVE WEAPON OR DISABLING SUBSTANCE
4. IN CIRCUMSTANCES THAT PRIMA FACIE SHOW AN INTENTION TO USE IT TO COMMIT AN OFFENCE INVOLVING BODILY INJURY OR THE THREAT OR FEAR OF VIOLENCE
   done something to show an intent to use it

Question 5

Offensive weapon public place

Answer 5

S202A(4)(a)

Any article made, altered or intended for causing bodily injury.

Question 6

Offensive weapon any place

Answer 6

S202A(4)(b)

Any article capable of being used for causing bodily injury.

Question 7

Disabling substance

Answer 7

Anaesthetising or other substance produced or intended for the purpose of disabling people.