Possession of an offensive weapon Flashcards
Possession of an offensive weapon section 202A(4)(a)
Without lawful authority or reasonable excuse.. Has with him... In any public place... Any knife Or Any offensive weapon Or Any disabling substance
Possession of an offensive weapon section 202A(4)(b)
Has in his possession... In any place... Any offensive weapon Or Any disabling substance.... In circumstances that prima facie show an intention to use it to commit an offence involving bodily injury or threat or fear of violence.
Found in any public place offensive weapon definitions:
A knife: a cutting blade
An offensive weapon: an article made, altered, or intended for causing bodily injury.
A disabling substance: anaesthetising or other substance produced or intended for the purpose of disabling people.
Found in any place weapon definitions:
Any Offensive weapon: any tangible object that is capable for being used to cause bodily injury.
Any disabling substance: anaesthetising or other substance produced or intended for the purpose of disabling people.
In circumstances that prima facia an intention to use it to commit an offence involving bodily injury or threat or fear of violence.
In circumstances on face value show that the person had the intention to use it to threaten or cause violence. Must prove intent - admission -action -statements
Search and seizure power if you suspect an offence under section 202A(4)(A)
Warrantless search and seizure only in a public place:
S.27 power to search people
S.28 powers to search vehicles
How long can a person be held for to be searched
For as long as reasonably necessary