OF09 Offensive Weapons

Question 1

Two distinct areas in which Crimes Act offences can take place?

Answer 1

• In a public place (s202A(4)(a))
• In any place (s202A(4)(b))

Question 2

What are the elements of ‘Possession of offensive weapons or disabling substances (Public place)’?

Answer 2

Question 3

What are the elements of ‘Possession of offensive weapons or disabling substances (Any place)’?

Answer 3

Question 4

When would you use the Summary Offences Act offence of carrying knives to prosecute instead of the offence in the Crimes Act?

Answer 4

When a lesser charge is wanted such as a youth first offender.

Question 5

What is the definition of an ‘offensive weapon’ in relation to a public place?

Answer 5

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

Question 6

What is the definition of an ‘offensive weapon’ in relation to any place?

Answer 6

Any article capable of being used for causing bodily injury.

Question 7

What is a statutory defence to offensive weapon offences?

Answer 7

If the person can prove that they did not intend to use the offensive weapon or disabling substance to commit an offence involving bodily injury or the threat or fear of violence.

Question 8

What are you search powers for offensive weapons?

Answer 8

Search and Surveillance Act 2012

s27 - search people

s28 - search vehicles