OF09: Offensive Weapons

Question 1

Power to search without warrant for offensive weapons

Answer 1

PUBLIC PLACES ONLY!!!

Section 27 Search people

Section 28 Search vehicles

Question 2

Elements of possession of offensive weapons or disabling substances (any place)

Answer 2

• Has in his or her possession
• In any place
• Any offensive weapon OR any disabling substances
• 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

Question 3

Elements of offensive weapons or disabling substances (Public place)

Answer 3

• 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

Question 4

Definition of offensive weapon (in any public place)

Answer 4

Any article made for use for causing bodily injury

Question 5

Definition of weapon (in any place)

Answer 5

• any article capable of being used for causing bodily injury

Question 6

Definition of disabling substance

Answer 6

Anaesthetising or other substance produced or intended for the purpose of disabling persons

Question 7

Defence to charge for offensive weapon?

Answer 7

Can prove the person did not intend to use the offensive weapon or disabling substance to commit an offence involving bodily injury or threat or fear of violence

Question 8

Definition of prima facie

Answer 8

Actions by the offender on the face of it show they are intentionally going to use it to commit an offence involving some form of bodily injury or threat or fear of violence.