OF09 - OFFENSIVE WEAPONS Flashcards

1
Q

POWERS to search

Search and Surveillance 2012

A

SECTION 27 = PERSON
SECTION 28 = VEHICLE

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

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2
Q

Summary offences vs crimes act

A
SOA = lesser punishment/low level
CA = higher punishment/high level
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3
Q

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

A
  1. WITHOUT LAWFUL AUTHORITY OR REASONABLE EXCUSE
  2. HAS WITH HIM OR HER
  3. IN ANY PUBLIC PLACE
  4. ANY KNIFE OR
    ANY OFFENSIVE WEAPON OR
    ANY DISABLING SUBSTANCE
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4
Q

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

A
  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
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5
Q

Offensive weapon public place

A

S202A(4)(a)

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

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6
Q

Offensive weapon any place

A

S202A(4)(a)

Any article capable of being used for causing bodily injury.

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7
Q

Disabling substance

A

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

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