OF16: Offensive Weapons Flashcards
The powers of search and seizure without warrant to search relate only _________? (Where)
Public places. No power to search if offender is on private property
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?
Section 27 (Search Person) and
Section 28 (Search Vehicle)
What are the Elements of Possession of Offensive Weapons or Disabling Substances? (Public Place)
- 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
What are the Elements of Possession of Offensive Weapons or Disabling Substances? (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
How is an “Offensive Weapon” defined in a Public Place?
Any article made, altered, intended for causing bodily injury
How is an “Offensive Weapon” defined in Any Place?
Any article capable of being used for causing bodily injury
What is a disabling substance?
Anaesthetising intended for disabling persons or other substance produced or intended for the purpose of disabling persons
What Section and Act allows you to Stop a Vehicle for a Search without warrant?
Section 121 of the Search and Surveillance Act 2012
What is the Statutory Defence for having an offensive weapon out in any place?
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