OF09 Offensive Weapons

Question 1

Section 202A (4) (a) Crimes Act 1961
ELEMENTS

Answer 1

Possession of offensive weapon or disabling substance (PUBLIC PLACE)
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

Question 2

Without lawful authority or reasonable excuse =

Answer 2

Without legal right or justification, authority or permission. No lawful, genuine or reasonable excuse

Question 3

Section 202 (4) (b) Crimes act 1961
ELEMENTS

Answer 3

Possession of offensive weapons or disabling substances (ANY PLACE)
1. Has in his or her possession

2. In any place
3. Any offensive weapon
   OR
   any disabling substance
4. In circumstances that prima facie show an intention to use it to commit an offence involving bodily injury or threat or fear of violence

Question 4

Statutory Defence to offensive weapon in public/any place

Answer 4

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

Question 5

Possession of a Knife

Answer 5

Section 13 - Summary of Offences 1981

Question 6

Possession of a knife
Section 13 Summary of offences 1981
ELEMENTS

Answer 6

1. In a public place
2. Without reasonable excuse
3. Has any knife
4. In his or her possession

Question 7

Specific search powers for offensive weapons

Answer 7

Power of search and seizure without warrant relate ONLY TO PUBLIC PLACES.

Need a warrant to search and seize in private place

Question 8

Section 27 Search and surveillance act 2012

Answer 8

Search of person

Committed offence under 202A (4) (a)

Question 9

Section 28 Search and surveillance act 2012

Answer 9

Search of vehicle

Committed offence under 202A (4) (b)