Possession of Offensive Weapons

Question 1

Elements of an offensive weapon in a public place 202A(4)(a)?

Answer 1

-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 2

Elements of offensive weapon in any place 202A(4)(b)?

Answer 2

-Has in his or her possession
-In ANY place
-Any offensive weapon
OR
-Disabling substance
-In circumstances that prima facie show an intention to use it to commit an offence involving bodily injury or the threat or fear of violence

Question 3

Definition of an offensive weapon (any place)?

Answer 3

Any article made for use for causing bodily injury

Question 4

Powers to search?

Answer 4

You can only search if found in a public place. Warrantless powers are provided by SandS Act 2012 to search people (s27) and vehicles (s28) if you suspect an offence against 202A (4)(a)

Question 5

Definition of an offensive weapon (public place)?

Answer 5

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

Question 6

Elements of possession of a knife?

Answer 6

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