OF09 Possession of Offensive Weapons Flashcards
What offensive weapon offence is in the Summary of Offences Act 1981? and what is the Section?
Section 13A, possession of a knife.
What sections of the Crimes Act 1961 refer to Offensive weapons?
202A (4) (a) - public place
202A (4) (b) - any place
What are the elements for Crimes Act 1961 Section 202A (4) (a) Possession of Offensive Weapon or Disabling substance - Public place?
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
What are the elements of Crimes Act 1961 Section 202A (4) (b) Possession of an Offensive Weapon (any place)?
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 to commit an offence involving bodily injury or the threat or fear of violence.
What does prima facie mean?
Face of it
What is the definition of a knife, under the act?
a cutting blade of any size.
What is the definition of an offensive weapon, under the act?
Any article made OR altered to sue for causing bodily harm.
OR
Any article intended to use for causing bodily injury.
What is the definition of a disabling substance, under the act?
Any substance intended for the purpose of disabling someone.
What is the definition of a public place, under the act?
A place that, at any material time, is open or is being used by the public.
What does without lawful authority or reasonable excuse mean?
Without a legal right or justification, authority or permission. No lawful, genuine or reasonable excuse.
What are the two SASA 2012 powers relating to offensive weapons? and what are their titles.
Section 27 - search of a person in a public place for an offensive weapon
Section 28 - stop and search of a vehicle
What powers does Section 27 of the SASA 2012 give you?
Power to detain and search a person if you have reasonable grounds to suspect they have committed an offence under Section 202A (4) (a) Crimes Act 1961.
What powers does Section 28 of the SASA 2012 give you?
Power to stop and search a vehicle if you believe an offence against Section 202A (4) (a) has been comitted OR you have reasonable grounds to suspect the vehicle has a knife, offensive weapon or disabling substance in it.
is there a power of search if the offender is on private property?
No, you must have a search warrant to enter a private property to search for an offensive weapon.
What is one way you can get around searching a person on a private property for an offensive weapon?
If the weapon is or has been visible and you arrest then search the person under Section 88 SASA 2012.
