Custody Of An Offensive Implement
Section 11B of the Summary Offenses Act 1988 states: “A person must not, without reasonable excuse (proof of which lies on the person), have in his or her custody a knife in a public place or a school”. It is a serious offence and carries a maximum fine of 50 penalty or imprisonment for two years. It is a summary matter and be heard in the local court.
“Offensive Implement” is defined as being:
1. anything made or adapted for use for causing injury to a person; or
2. anything intended, by the person having custody of the thing, to be used to injure or menace a person or damage property.
for example, carrying a bat with the intention to threaten someone; Possessing a shard of glass; Carrying a metal pole; Carrying a rock you intend to throw through a window.
What Must Be Proven
To convict you of Custody of offensive implement, the prosecution must prove each of the following matters beyond a reasonable doubt that the item you had in your possession is within the definition, and you have it in a public place or school.
Possible Defences
Possible defences to a charge of having custody of an offensive implement include but are not limited to that you did not know the item was there, or Claiming a “reasonable excuse” for possession of the item.
Custody of a knife in a public place or school
Section 11C of the Summary Offenses Act 1988 provides that a person must not, without reasonable excuse (proof of which lies on the accused) have custody of a knife. It is a summary offence and carries a maximum fine of 20 penalty or imprisonment for two years. It will be heard in the local court.
What Must Be Proven
To convict you of Custody of a knife in a public place or school, the prosecution must prove each of the following matters beyond a reasonable doubt that the item you had in your possession within the definition, and you have it in a public place or school.
Possible Defences
Possible defences to a charge of having custody of a knife include but are not limited to a “reasonable excuse” for possession of the item.
Unauthorised Possession Or Use Of A Firearm
Section 7A of the Firearms Act 1996 states: a person must not possess or use a firearm unless the person is authorised to do so by a licence or permit. The maximum penalty is imprisonment for 5 years. the matter is likely to be dealt with in the Local Court.
The unauthorised possession or use of a firearm is if a person does not hold a firearms licence and they are in possession of, or are found using, a firearm or If they have a firearms licence but are breaking a condition of that licence. For example: if you are using a gun that you are not licenced to use you would be guilty of this offence or If you are using a gun for a purpose that you are not licenced for.
What Must Be Proven
To convict you of unauthorised possession of a firearm, the prosecution must prove each of the following matters beyond a reasonable doubt:
1. That you were in possession of or using a firearm; and
2. You did not have a licence to do so; or
3. You had a firearm licence but you were using or possessing a firearm in a way that contravenes a condition of your licence; or
4. You had a firearm licence but were using the firearm otherwise than for the purpose established by you as being the genuine reason for possessing or using the firearm.
Possible Defences
- You had a licence that allowed you to possess the firearm;
- You had a licence that allowed you to use the firearm in the manner that you were.
- You had an imitation of an antique firearm other than an imitation of an antique revolver.
Possession, Supply Or Making Of Explosives
Section 93FA of the Crimes Act 1900 states “A person who possesses an explosive in a public place is guilty of an offence. Maximum penalty: Imprisonment for 5 years. A person who possesses, supplies or makes an explosive, under circumstances that give rise to a reasonable suspicion that the person did not possess, supply or make the explosive for a lawful purpose, is guilty of an offence. Maximum penalty: Imprisonment for 3 years or 50 penalty units, or both. The matter is usually dealt with in the Local Court.
Examples of Possess, Supply or Make Explosive include:
- Mixing aluminium nitrate and fuel oil to film you and your friends blowing something up;
- Carrying a stick of dynamite to the park in your backpack; or
- Purchasing an explosive online for your friend in exchange for $40.
What Must Be Proven
To convict you of Possess, Supply or Make Explosive the prosecution must prove each of the following matters beyond reasonable doubt that you were either in possession of an explosive and in a public place; or that you made, supplied or possessed an explosive.
Possible Defences
The common ways to defend this charge are:
- To maintain your innocence if you did not commit the act;
- that you were not ‘in possession of the explosive or that you were not in a public place;
- you did not make, supply or possess an explosive;
- you had a reasonable excuse for possessing the explosive;
- you were in possession of the dangerous article for a lawful purpose.
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