Offensive Weapons Flashcards
Understand the power to search without warrant for offensive
weapons
The powers of search and seizure without warrant relate only to public
places.
There is no power of search if the offender is on private property. The final
element of Possession of an Offensive Weapon (Any Place) is:
“in circumstances that prima facie show an intention to use it to
commit an offence involving bodily injury or threat or fear of
violence”.
To satisfy this element the weapon is or has been visible and there ws an
intention to use it in a threatening or violent manner.
Elements of possession of offensive weapons or disabling
substances (public place)
Know the elements of possession of offensive weapons or disabling
substances (any place)
Know the definition for :
− offensive weapon (in a public place)
− offensive weapon (in any place)
− disabling substance
Understand the statutory defence to a charge of possession of an
offensive weapon 202A(4)(b)