OF09 Possession of Offensive Weapons Flashcards
What are the elements of Possession of Offensive Weapons or Disabling Substances - Public Place (Section 202A(4)(a), Crimes Act 1961)?
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
What are the elements of Possession of Offensive Weapons or Disabling Substances - Any Place (Section 202A(4)(b), Crimes Act 1961)?
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 the threat or fear of violence
What is Section 13A of the Summary Offences Act 1981? (knife offence)
An offence for any person to:
In a public place, without reasonable excuse, has any knife, in his or her possession
What is Section 27 of the S&S Act 2012?
You can search people if you suspect an offence against Section 202A(4)(a) of the CA 196 (so must be in a public place) - must give RAN