Offensive Weapons

Question 1

Elements of Possession of Offensive Weapons or Disabling Substances in a Public Place

Answer 1

1. Without lawful authority or reasonable excuse
2. Has with him and her
3. In any public place
4. Any knife OR any offensive weapon OR any disabling substance

Question 2

Definition of an offensive weapon

Answer 2

Any article MADE, ALTERED, or INTENDED for use for causing bodily injury

Question 3

Define a Disabling Substance

Answer 3

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

Question 4

Elements of Possession of Offensive Weapons or Disabling Substance (Any Place)

Answer 4

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

Question 5

How does the definition of an offensive weapon differ between a public place and any place?

Answer 5

Public place: any article made, altered, or intended for causing bodily injury

Any place: any article capable of being used for causing bodily injury

Question 6

What is the power of arrest for possession of offensive weapons in both public or any place?

Answer 6

s315(2) Crimes Act 1961 can arrest without warrant.

Question 7

Elements of Possession of a knife (Summary Offences Act 1981)

Answer 7

1. In a public place
2. Without reasonable excuse
3. Has any knife
4. In his or her possession

Question 8

Where can you search for offensive weapons without warrant?

Answer 8

ONLY in public places. Private places require a warrant and there is no power to search.

Question 9

For offensive weapons in public places, where are your search powers derived from?

Answer 9

For public places s202A(4)(a) to search people (s27) and for vehicles (s28) SASA 2012

Question 10

Why can’t you search for an offensive weapon in any/private place?

Answer 10

No search power.
The element for any place referencing “in circumstances that prima facie show an intention to use it” means the weapon has to be visible.

After arresting the offender though you can search them under s88 SASA 2012.

Question 11

Define a knife

Answer 11

Any cutting blade.
It is classed as an offensive weapon even though there is a separate offence for possession of one.