Offensive Weapons Flashcards
Define Offensive Weapons (Public Place)
In a public place has with him/her any knife, offensive weapon or disabling substance, without lawful authority or reasonable excuse.
Define Possession of Offensive Weapon (in any place)
In any place has in his/her possession any offensive weapon, or disabling substance, in circumstances that a Prima facie case shows an intention to use weapon/substance to commit and offence involving bodily injury or threat or fear of violence.
What are the elements to Possession of Offensive Weapons (public place)
Without lawful authority or reasonable excuse
Has with him OR her
In any public place
Any knife OR any offensive weapon OR disabling substance.
What are the elements to Possession of an Offensive Weapon (in 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.
What are the two sections relating to the Search and Surveillance Act 2012 and Offensive Weapons?
Section 27 - search persons with RGTB in Possession of offensive weapons
Section 28 - search place or vehicle if RGTB offensive weapons in place/vehicle
What is the lesser offence in the summary of offences act for possession of a knife?
Possession of a knife -
- In a public place
- Without reasonable excuse
- Has any knife
- in his OR her permission
Explain the meaning of ‘any knife’
Any blade that is capable of cutting, slicing and sawing
Explain the meaning of ‘any offensive weapon’
Any weapon made, altered or intended to cause bodily injury, GBH or death. It’s intended use is as a weapon.
Explain the term ‘disabling substance’
A substance capable of incapacitating another human and is intended for such purpose.
