OF09 Possession Of Offensive Weapons

Question 1

What is the power to search for offensive weapons?

Answer 1

Warrantless power to search for offensive weapons in a public place.

• S27 Search People
• S28 Search Vehicles
  Search and Surveillance Act 2012

Question 2

What are the elements of Possession of Offensive Weapons or Disabling Substances (Public Place)? S202A(4)(a)

Answer 2

• 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 3

What is the penalty for Possession of Offensive Weapons or Disabling Substances (Public Place and Any Place) S202A(4)(a) and (b)?

Answer 3

3 years imprisonment

Question 4

What does ‘w/out lawful authority or reasonable excuse’ mean? Possession of Offensive Weapons

Answer 4

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

Question 5

What does ‘any offensive weapon’ mean? (Public Place) 202A(4)(a)

Answer 5

Any article 
- made
altered
intended -
for use for causing bodily injury

Question 6

What are the elements for Possession of Offensive Weapons or Disabling Substances (Any Place)? S202A(4)(b) CA1961

Answer 6

• 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.

Question 7

What does ‘in any place’ mean? Offensive Weapons

Answer 7

Includes public and private places.

Question 8

What does ‘any offensive weapon’ mean? Offensive Weapons (Any Place) 202A(4)(b)

Answer 8

Any article capable of being used for causing bodily injury.

Question 9

What does ‘in circumstances that prima facie… fear of violence’ mean? Offensive Weapons (Any Place)

Answer 9

Actions by the offender show on the ‘face of it’ that the person is intentionally going to use it to commit an offence involving some form of bodily injury, or the threat or fear of violence.

Question 10

What is the difference between Offensive Weapon (Public Place) and (Any Place)? S202A(4)(a) and (b) CA1961.

Answer 10

Public Place
- Any article made, altered or intended for use for causing bodily injury.

Any Place
- Any article capable of being used for causing bodily injury.

Question 11

What is the statutory defence to a charge to Possession of Offensive Weapon?

Answer 11

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

Question 12

What are the elements for Possession of a Knife? S13A SOA1981

Answer 12

• In a public place
• Without reasonable excuse
• Has any knife
• In his or her possession

Question 13

What are your search powers to search for offensive weapons?

Answer 13

Searching for 202A(4)(a) public place
S27 SaSA - Search people, public place
S28 SaSA - Search vehicles, public place

To satisfy a search of the offender on private property 202A(4)(b) “in circumstances that prima facie show an intention to use it to commit an offence involving bodily injury or threat or fear of violence”.

To satisfy this element the weapon must have been visible, or is visible and there was an intention to use it in a threatening or violent manner.