Offensive Weapons

Question 1

Possession of offensive weapons or disabling substances

Public place

Answer 1

Without lawful authority or reasonable excuse

Has with him or her

In any public place

Any knife - (Any cutting blade)
OR
Any offensive weapon - (Any article made for use to causing bodily injury)
OR
Any disabling substance (Any article intended for use for cause bodily injury) (Anaesthetising or other substance produced for intended for the purpose of disabling people)

Penalty - 3 years imprisonment
Crimes Act 1961 section 202A(4)(a)

Question 2

Possession of Offensive weapons or disabling substances

Any Place

Answer 2

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.

Penalty - 3 years imprisonment
Crimes Act 1961 section 202A(4)(b)

Question 3

Define public place

Answer 3

A place that at any material time is open to or is being used by the public whether free or on payment of a charge and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place. 
Any article made, altered or intended for causing bodily injury.
Section 202A(4)(a)

Question 4

Define Any place

Answer 4

Any article capable of being used for causing bodily injury 
Section 202A(4)(b)

Question 5

What is your power of arrest

Answer 5

Under section 315(2) of the Crimes Act 1961 you can arrest without warrant for both offences.

Question 6

Power to search

Answer 6

Warrantless powers to search people (s27) and vehicles (s28) if you suspect an offence against section 202A(4)(a).
There is no power of search if the offender is on private property.

Prima facie = to satisfy this element the weapon is or has been visible and there was an intention to use it in a threatening or violent manner.

Question 7

Section 27

Search and surveillance

Answer 7

Searching people in public places without warrant if offence against section 202A(4)(a) of the Crimes Act 1961 suspected. You may search the person without a warrant.
You can detain/search/seize/use reasonable force to carry out the search of the person.

Question 8

Section 28 Search and Surveillance

Answer 8

Searching vehicles without warrant for offensive weapons.
If you have RGTS that a person travelling in a vehicle is committing an offence in a public place and the vehicle contains a knife, offensive weapon or disabling substance you may without warrant search the vehicle.