Offensive Weapons and Bladed articles Flashcards
Offence wording of possession on an offensive weapon in a public place?
Any person who
without lawful authority or reasonable excuse,
the proof whereof shall lie on him,
has with him
in any public place
any offensive weapon
shall be guilty of an offence.
Who has lawful authority?
Police
Military
What is a reasonable excuse
Chief
Trades
Some religions
National costume
some discretion for self defence but not indfentaly
taking a weapon to a police station
Not forgetting
Meaning of Has with him
Some knowledge
Physical Control - has to hand but not physically on them
Possible for two people to have the same weapon provided you can demonstrate both have knowledge.
Has with him test
R V Henderson
What is a public place
Any highway and any other premise or place to which, at the material time, the public had access or are permitted to have access, weather on the payment or other wise.
What is an offensive weapon wording
Any article which is
made
or
adaptedfor causing injury,
or intended,
by the person having it with him for such use by him
or some other person
Bladed article wording
Any person who
has with them
any article which has a
blade or is sharply pointed
in a public place
without good reason or lawful authority
commits an offence.
What weapons are illegal in a private place
Dangerous weapons
SEC141 1 Criminal Justice ACT 1988