Possession of Offensive Weapons

Question 1

To commit the offence of Possession of an Offensive Weapon there must be no?

Answer 1

VICTIM - If there is no victim or the victim is not present then the offence is possession of an offensive weapon.

Question 2

Legislation defines two distinct areas in which these Crimes Act 1961 offences can take place, they are?

Answer 2

In a public place – Section 202A(4)(a)

Or in any place – Section 202A(4)(b)

Question 3

The definition of an offensive weapon differs depending on what?

Answer 3

The definition of an offensive weapon differs depending on whether it is in a public place or any place

Question 4

The definition of an offensive weapon in a public place is?

Answer 4

202A(4)(a)

IN ANY PUBLIC PLACE

Any article MADE, ALTERED or INTENDED for causing bodily injury

Question 5

The definition of an offensive weapon in any place is?

Answer 5

202A(4)(b)

IN ANY PLACE
Any article CAPABLE of being used for causing bodily injury

Question 6

What statutory defence can you use for 2024(b)?

Answer 6

There is a statutory defence in 202A(4)(b) for an offender if they can prove they did not intend to use the offensive weapon or disabling substance to commit an offence involving bodily injury or the threat of fear or violence.

Question 7

What search powers do you have available?

Answer 7

Search and Surveillance Act 2012

Section 27(RAN)(People) BOR

Section 28 (RAIN) (Vehicles) BOR