Offensive Weapons

Question 1

What are the elements of “Possession of offensive weapons or disabling substances in a public place” (4)

Answer 1

Without lawful authority or reasonable excuse
Has with him or her
In any public place
Any knife Or Any offensive weapon Or Any disabling substance

Question 2

What is “Without lawful authority or reasonable excuse”

Answer 2

Without legal right or justification, authority or permission. No lawful, genuine or reasonable excuse.

Question 3

What is “Any 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 substances” (Any place) (4)

Answer 4

Has in his or her possession
In any place
Any offensive weapon OR Any disabling substance
In circumstances that are Prima facie shows an intention to use it to commit an offence involving bodily injury or the threat or fear of violence.

Question 5

Elements of “Possession of a knife” (4)

Answer 5

In a public place
Without reasonable excuse
Has any knife
In his or her possession.

Question 6

What is Statutory Defence

Answer 6

It is a defence to a charge under section 202A if the person charged proves that they did not intend to use the offensive weapon or disabling substance to commit an offence involving bodily injury or the threat or fear of violence

Question 7

The lesser offence

Answer 7

Summary offence of possession of a knife is appropriate for first time youth suspect or where the discretion to prosecute for the lesser offence is appropriate.

Question 8

Powers to search persons in a public space for offensive weapons for disabling substances. Section?

Answer 8

SASA 2012 Section 27

Question 9

Powers to search a place/vehicle in a place for offensive weapons for disabling substances. Section?

Answer 9

SASA 2012 Section 28