OF09: Offensive Weapons

Question 1

The powers of search and seizure without warrant to search relate only _________? (Where)

Answer 1

Public places. No power to search if offender is on private property

Question 2

If you suspect an offence against Section 202A (a) of the Crimes Act 1961, what Sections of S&S 2012 allow you to search for a weapon in a public place?

Answer 2

Section 27 (Search Person) and
Section 28 (Search Vehicle)

Question 3

What are the Elements of Possession 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 weapons
  OR
  Any disabling substance

Question 4

What are the Elements of Possession of Offensive Weapons or Disabling Substances? (Any Place)

Answer 4

• Has in his or her possession
• In any place
• Any offensive weapon
  OR
  Any disabling substance
• In circumstances that prima facie show an intention to use it or to commit an offence involving bodily injury or the threat or fear of violence

Question 5

How is an “Offensive Weapon” defined in a Public Place?

Answer 5

Any article made, altered, intended for causing bodily injury

Question 6

How is an “Offensive Weapon” defined in Any Place?

Answer 6

Any article capable of being used for causing bodily injury

Question 7

What is a disabling substance?

Answer 7

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

Question 8

What Section and Act allows you to Stop a Vehicle for a Search without warrant?

Answer 8

Section 121 of the Search and Surveillance Act 2012

Question 9

What is the Statutory Defence for having an offensive weapon out in any place?

Answer 9

That there is no intention to use offensive weapon or disabling substance to commit an offence involving bodily injury or the threat or fear of violence