OF16: Offensive Weapons Flashcards

1
Q

The powers of search and seizure without warrant to search relate only _________? (Where)

A

Public places. No power to search if offender is on private property

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2
Q

If you suspect an offence against Section 202A (a) of the Crimes Act 1961, what Sections of S&S 2012 allow you to search for a weapon in a public place?

A

Section 27 (Search Person) and
Section 28 (Search Vehicle)

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3
Q

What are the Elements of Possession of Offensive Weapons or Disabling Substances? (Public Place)

A
  • Without lawful authority or reasonable excuse
  • Has with him or her
  • In any public place
  • Any knife
    OR
    Any offensive weapons
    OR
    Any disabling substance
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4
Q

What are the Elements of Possession of Offensive Weapons or Disabling Substances? (Any Place)

A
  • 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
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5
Q

How is an “Offensive Weapon” defined in a Public Place?

A

Any article made, altered, intended for causing bodily injury

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6
Q

How is an “Offensive Weapon” defined in Any Place?

A

Any article capable of being used for causing bodily injury

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7
Q

What is a disabling substance?

A

Anaesthetising intended for disabling persons or other substance produced or intended for the purpose of disabling persons

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8
Q

What Section and Act allows you to Stop a Vehicle for a Search without warrant?

A

Section 121 of the Search and Surveillance Act 2012

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9
Q

What is the Statutory Defence for having an offensive weapon out in any place?

A

That there is no intention to use offensive weapon or disabling substance to commit an offence involving bodily injury or the threat or fear of violence

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