Possession of an Offensive Weapon

Question 1

What are the ingredients for Possession of an Offensive Weapon under CA61, S202A(4)(a)?

Answer 1

Without lawful authority or reasonable excuse.

Has with him.

In any public place.

Any knife - OR -
Any offensive weapon - OR -
Any disabling substance.

Question 2

Define Without lawful authority or reasonable excuse (Possession of an offensive weapon):

Answer 2

Without a legal right or justification, authority or permission.

No lawful, genuine or reasonable excuse.

Question 3

Define Has with him

Answer 3

Has in their possession of under their immediate control.

Question 4

Define any knife:

Answer 4

Any cutting blade.

Question 5

Define Any offensive weapon S202A(4)(a):

Answer 5

Any article made, altered or intended for causing bodily injury.

Question 6

Define Any disabling substance:

Answer 6

Anaesthetising or other substance produced or intended for the purpose of disabling people.

Question 7

What are the ingredients for Possession of an Offensive Weapon under CA61, S202A(4)(b)?

Answer 7

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.

Question 8

Define Has in his possession:

Answer 8

Has in their possession of under their control.

Question 9

Define In any place:

Answer 9

In any place at all; includes public and private places.

Question 10

Define Any offensive weapon S202A(4)(b):

Answer 10

Any article capable of being used for causing bodily injury.

Question 11

Define In circumstances that prima facie show an intention to use it to commit an offence involving bodily injury or threat or fear of violence:

Answer 11

Actions by the offender show that, on the ‘face of it’, the person is deliberately going to use it to commit an offence involving some form of bodily injury, threat or intimidation.