OF09 Possession of Offensive Weapons

Question 1

What offensive weapon offence is in the Summary of Offences Act 1981? and what is the Section?

Answer 1

Section 13A, possession of a knife.

Question 2

What sections of the Crimes Act 1961 refer to Offensive weapons?

Answer 2

202A (4) (a) - public place

202A (4) (b) - any place

Question 3

What are the 4 elements for Crimes Act 1961 Section 202A (4) (a) Possession of Offensive Weapon or Disabling substance - Public place?

Answer 3

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 4

What are the 4 elements of Crimes Act 1961 Section 202A (4) (b) Possession of an Offensive Weapon (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 to commit an offence involving bodily injury or the threat or fear of violence.

Question 5

What does prima facie mean?

Answer 5

Face of it

Question 6

What is the definition of a knife, under the act?

Answer 6

Any cutting blade

Question 7

What is the definition of an offensive weapon, under the act?

Answer 7

Any article made OR altered to use for causing bodily injury.

OR

Any article intended to use for causing bodily injury.

Question 8

What is the definition of a disabling substance, under the act?

Answer 8

Any substance intended for the purpose of disabling someone.

Question 9

What is the definition of a public place, under the act?

Answer 9

A place that, at any material time, is open or is being used by the public.

Question 10

What does without lawful authority or reasonable excuse mean?

Answer 10

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

Question 11

What are the two SASA 2012 powers relating to offensive weapons? and what are their titles.

Answer 11

Section 27 - search of a person in a public place for an offensive weapon
Section 28 - stop and search of a vehicle

Question 12

What powers does Section 27 of the SASA 2012 give you?

Answer 12

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.

Question 13

What powers does Section 28 of the SASA 2012 give you?

Answer 13

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.

Question 14

is there a power of search if the offender is on private property?

Answer 14

No, you must have a search warrant to enter a private property to search for an offensive weapon.

Question 15

What is one way you can get around searching a person on a private property for an offensive weapon?

Answer 15

If the weapon is or has been visible and you arrest then search the person under Section 88 SASA 2012.

Question 16

What should you search first for offensive weapons out of a bag, person or vehicle?

Answer 16

Person always.

Question 17

What are the differences between Section 202A (4) (a) and Section 202A (4) (b) Crimes Act 1961?

Answer 17

Section 202A (4) (a) relates to any article made, altered or intended for use for causing bodily injury - in a public place.

Section 202A (4) (b) relates to any article capable of being used for causing bodily injury - in any place.

Question 18

What is the arrest power for Sections 202A (4) (a) and (b)

Answer 18

Section 315 (2) good cause to suspect any offence punishable by imprisonment under the Crimes Act 1961

Question 19

<p>What are the 4 Elements of Possession of Offensive Weapons of Disabling Substances (Public place)<br></br></p>

<p>Onduty - Possess</p>

Answer 19

<p>1 Without lawful authority or reasonable excuse</p>

<p>2 Has with him or her</p>

<p>3 In any public place</p>

<p>4 Any Knife</p>

<p>OR</p>

<p>Any offensive weapon</p>

<p>OR</p>

<p>Any disabling substance</p>

<p></p>

Question 20

<p>Define without lawful authority or reasonable excuse (off wep - public)</p>

Answer 20

<p>Without a legal right or justification, authority or permission. No lawful, genuine or reasonable excuse</p>

Question 21

<p>Define ‘Has with him or her’ (possess off weap or disabling substance - public)</p>

Answer 21

<p>Has in their <strong>possession.</strong></p>

Question 22

<p>Define any knife (public)</p>

Answer 22

<p>Any cutting blade</p>

Question 23

<p>Define Any offensive weapon (public place)</p>

Answer 23

<p><strong>Any article made for use for causing bodily injury</strong></p>

<p>OR</p>

<p><strong>any article altered for use for causing bodily injury</strong></p>

<p>OR</p>

<p><strong>any article intended for use for causing bodily injury</strong></p>

Question 24

<p>Define Any disabling substance (both any and public)</p>

Answer 24

<p>Anaesthetizing or other substance produced or <strong>intended for the purpose of disabling persons.</strong></p>

Question 25

<p>What are the 4 elements of Possession of Offensive Weapons or Disabling Substances <strong>(Any Place)</strong></p>

Answer 25

<p>1 Has in his or her possession</p>

<p>2 In any place</p>

<p>3 Any offensive weapon OR disabling substance</p>

<p>4 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`</p>

Question 26

<p>Define has in or her possession (poss offensive weapons or disabling substance (any place)</p>

Answer 26

<p>Has in their <strong>possession</strong></p>

Question 27

<p>Define any place (poss off wep or disab sub - any place)</p>

Answer 27

<p><strong>Any place</strong>; includes public and private places</p>

Question 28

<p>Define any offensive weapon (poss off wep or disab sub - any place)</p>

Answer 28

<p><strong>Any article capable of being used for causing bodily injury</strong></p>

Question 29

<p>Define “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” (any place)</p>

Answer 29

<p><strong>Actions by the offender show</strong> on the “face of it” that the person is <strong>intentionally</strong> going to use it <strong>to commit an offence involving</strong> some form of <strong>bodily injury, or the threat or fear of violence</strong></p>

Question 30

<p>How does the definition of offensive weapon differ between <strong>public place</strong> and <strong>any place</strong>?</p>

Answer 30

<ul><li>Public place: section 202A(4)(a)<br></br>Any article made, altered or intended for causing bodily injury.</li></ul>

<p></p>

<p></p>

<ul><li>Any place: section 202A(4)(b)<br></br>Any article capable of being used for causing bodily injury</li></ul>