Offensive Weapons And Bladed Articles Flashcards
What is the definition of possession of an offensive weapon in a public place?
“Any person who, without lawful authority or reasonable excuse has with him/her in any public place any offensive weapon”
What type of offence is possession of an offensive weapon in a public place?
Either-way offence,
4 years
Who has lawful authority to carry an offensive weapon in a public place?
- A police officer carrying a baton
- Military, Kings Guards
What is considered as a reasonable excuse for carrying an offensive weapon in a public place?
- Chef transporting knives to a new kitchen
- Tradesman’s tools - carpet fitters
- Religious reasons; Sikh’s will carry Kirpans
- National costume
Is forgetfulness deemed as a reasonable excuse for possession of an offensive weapon in a public place?
No
What 2 elements are in the part ‘has with him/her’?
1) Knowledge of the article they have with them. E.g. stealing a van with weapons in - not guilty of possession of an offensive weapon in a public place but guilty of TWOC
2) Physical control - has to be at hand readily accessible
what is meant by the part ‘public place’?
“Any highway and other premises that the public have access to”
What is meant by an offensive weapon?
“Any article which is made (e.g. knuckle duster) or adapted (e.g. a sharpened screwdriver) for causing injury or intended by the person who has it to cause such injury”
Can anything be a weapon of offence if the person has the intent to cause harm with it?
Yes
What is meant by possession of a bladed or sharply pointed article?
“Any person who has with them any article which has a blade or is sharply pointed in a public place without lawful authority or good reason”
What article does possession of a bladed or sharply pointed article not include?
A folding pocket knife no more than 3 inches long
What type of offence is possession of a bladed or sharply pointed article?
Either-way,
4 years
