Offensive weapons Flashcards
Crimes act 1961, section 202 (4)(a) Offensive weapons or disabling substances
Offence: Offensive weapons or disabling substances (public place)
- 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.
Define ‘knife’
Any cutting blade
Define ‘any offensive weapon’ in regards to crimes act 1961, section 202 (4)(a)
Any article made OR altered OR intended for use causing bodily injury.
Define ‘disabling substance’
Anaesthetising or any substance produce or intended to disable people.
Crimes act 1961 Section 202 (4)(b)
Offence: Possession of offensive weapon or disabling substance (any place)
1. Has in his or her possession
2. In any place
3. Any offensive weapon
OR
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.
Define ‘offensive weapon’ in relation to Crimes act 1961 Section 202 (4)(b)
Capable of being used for bodily harm.
What are the differences between Crimes act 1961 Section 202 (4)(a) and (4)(b)?
(4) (a) - Public place
- Any article made, altered or intended
(4) (b) - Any place
- Any article capable of being for bodily injury.
What is the defence for Crimes act 1961 Section 202 (4)(b)?
The suspect proves they don’t intend to use it for those purposes.
What are our search powers for offensive weapons?
Section 27 - People in a public place
Section 28 - Vehicles in a public place
Is section 28 a stopping power?
No. Would stop a vehicle under section 121, search the vehicle under section 28 and search the person under section 27.
What are you obligations under section 27 and section 28?
Section 27 - 125 obligations (RAN)
Section 28 - 131 Obligations (RAIN)
What does the case law ‘Hughes’ refer to?
Carrying an offensive weapon through imminent fear of danger.
