OF09 - OFFENSIVE WEAPONS Flashcards
POWERS to search
Search and Surveillance 2012
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
Summary offences vs crimes act
SOA = lesser punishment/low level CA = higher punishment/high level
4 ELEMENTS OF POSSESSION OF OFFENSIVE WEAPON OR DISABLING SUBSTANCES
Crimes Act 1961 202A(4)(a)
- WITHOUT LAWFUL AUTHORITY OR REASONABLE EXCUSE
- HAS WITH HIM OR HER
- IN ANY PUBLIC PLACE
- ANY KNIFE OR
ANY OFFENSIVE WEAPON OR
ANY DISABLING SUBSTANCE
4 ELEMENTS POSSESSION OF OFFENSIVE WEAPON OR DISABLING SUBSTANCE (ANY PLACE)
S202A(4)(b)
- HAS IN HIS OR HER POSSESSION
- IN ANY PLACE
- ANY OFFENSIVE WEAPON OR DISABLING SUBSTANCE
- 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
Offensive weapon public place
S202A(4)(a)
Any article made, altered or intended for causing bodily injury.
Offensive weapon any place
S202A(4)(a)
Any article capable of being used for causing bodily injury.
Disabling substance
Anaesthetising or other substance produced or intended for the purpose of disabling people.