Offensive Weapons (OF09)

Question 1

Summary Offences Act 1981 Section 13A

Answer 1

ACT = Possession of a knife

ELEMENTS:

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

Question 2

Elements of ‘Possession of offensive weapons or disabling substances (public place)’

Answer 2

• 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 3

Elements of ‘Possession of offensive weapons or disabling substances (any place)’

Answer 3

• 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 it an offence involving bodily injure or the threat or fear of violence

Question 4

Power to search without warrant for offensive weapons, and the relevant statutory obligations (RAN)

Answer 4

• Section 88 under the Search and Surveillance Act 2012

- Reason, Act, Name

Question 5

Define ‘Offensive weapons (in any public place)’

Answer 5

Any article made for use for causing bodily injury

Question 6

Define ‘Offensive weapon (in any place)’

Answer 6

Any article capable of being used for causing bodily injury

Question 7

Define ‘Disabling Substance’

Answer 7

• Any article intended for use for causing bodily injury

- Substance produced or intended for the purpose of disabling people