Possession of offensive weapons

Question 1

Two legal provisions most commonly used by police to deal with people in possession of weapon are

Answer 1

• Section 202A, Crimes Act 1961: possession of a knife, offensive weapon or disabling substance
• Section 13A, Summary Offences Act 1981: possession of a knife

Question 2

Possession of Offensive Weapon or Disabling Substances (Public Place)

Answer 2

Crimes Act 1961, Section 202A(4)(a)
3 years

Elements:

1) Without lawful authority or reasonable excuse
2) Has with him or her
3) In any public place
4) Any knife/any offensive weapon/any disabling substance

Question 3

Possession of Offensive Weapons or Disabling Substances

Answer 3

Crimes Act 1961, Section 202A(4)(b)
3 years

Elements

1) Has in his/her possession
2) In any place
3) Any offensive weapon/any disabling substance
4) In circumstances that prima facie show an intention to use it to commit an offence involving bodily injury/threat/fear of violence