Offensive weapons

Question 1

What is the section, act and elements of “possession of Offensive weapons or disabling substances in a public place”?

Answer 1

• Act: Crimes act 1961
• Section: 202A (4) (a)
• Elements: Without lawful authority or reasonable excuse in a public place with any offensive weapon or disabling substance.

Question 2

What does ‘Without lawful authority or reasonable excuse’ mean in your own words?

Answer 2

• Without legal right or justification, authority or permission.
• No lawful, genuine or reasonable excuse.

Question 3

What does the element ‘has with him or her’ mean?

Answer 3

-Has in their possession.

Question 4

What does the element ‘public place’ mean?

Answer 4

-A place that is open to being used by the public, whether free of charge or payment at any time.

Question 5

What does the element ‘any knife’ mean?

Answer 5

-A cutting blade

Question 6

What does the element ‘any offensive weapon’ mean?

Answer 6

-Any article made, used or altered for causing bodily injury

Question 7

Explain the meaning of the element ‘any disabling substance’

Answer 7

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

Question 8

Explain the section, act and elements of ‘Possession of Offensive
Weapon or Disabling
Substance in any place’?

Answer 8

-Act: Crimes act 1961
-Section: 202A (4) (b)
-Elements: Has in his or her possession in any place or any offensive weapon or 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 9

Explain in your own words what the element of ‘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’ means:

Answer 9

Actions by the offender show on the “face of it” that the person is intentionally
going to use it to commit an offence involving some form of bodily injury, threat of violence or fear of violence.

Question 10

Explain the difference between section 202A(4)(a) and section 202A(4)(b):

Answer 10

Section 202A(4)(a), Public Place:
- Any article made, altered or intended for causing bodily injury.

Section 202A(4)(b), Any Place:
- Any article capable of being used for causing bodily injury

Question 11

What is the Section, elements and Act of Possession of Offensive weapon?

Answer 11

S202(4)(a) Crimes Act 1961

Without lawful authority or reasonable excuse.

Has With him/her.

In any public place.

Any offensive weapon

Question 12

What is the Penalty of Possession of offensive Weapons or disabling substances?

Answer 12

3 years imprisonment

Question 13

Mike is a member of the ‘Levin Louts’ gang. There is currently a war going on with a rival
gang, the ‘Otaki Awesomes’. Mike is scared of them, so when he walks in town he
carries a homemade knuckle duster in his pocket. As you are talking to him one day in the town centre, you see the knuckle-duster sticking out of his pocket. Mike tells you he carries it to ‘stuff anyone who messes with him’

Prove the elements of Possession of Offensive weapon in relation to the scenario.

Answer 13

Without lawful authority or reasonable excuse:
Mike has no lawful reason for carrying the knuckleduster. His excuse of ‘to stuff
anyone who messes with him’ is not genuine or reasonable.

Has with him:
Mike has the knuckle duster in his possession in his pocket.

In any public place:
Town is open to and being used by the public.

Any offensive weapon:
Mike made the knuckle duster for causing bodily harm.

Question 14

The Search and Surveillance Act 2012 provides constables with powers to stop and search vehicles, search people and seize knives, offensive weapons and disabling substances.

What powers are available to Police to complete a search of a person suspected of
committing an offence against section 202A of the Crimes Act 1961?

Answer 14

S27 Search and Surveillance Act 2012 .

Police may search a person without a warrant when there is reasonable grounds to suspect the person is
committing an offence against section 202A (4)(a) of the Crimes Act 1961 (possession of knives, offensive weapons, and disabling substances in public places).

Question 15

When Police exercise a power under section 27 of the Search and Surveillance Act 2012, what section and obligations must Police comply with?

Answer 15

S125 Search and Surveillance Act.

Police obligations when searching a person are to:

Identify yourself by name,

State the Search and Surveillance Act 2012

State the reason for the search (reasonable grounds to suspect person in possession of offensive weapon, knife or disabling substance),

Question 16

What powers are available to Police to stop and search a vehicle for knives, offensive
weapons and disable substances?

Answer 16

Section 28 of the Search and Surveillance Act 2012 if Police have
reasonable grounds to suspect that:

A person travelling in a vehicle (or who has alighted from it) is committing an offence in a public place against section 202A (4)(a) of the Crimes Act 1961, and

The vehicle contains a knife, offensive weapon, or disabling substance,

Police may, without a warrant search the vehicle.

Question 17

What section would be utilised to stop the vehicle?

Answer 17

Section 121 of the Search and Surveillance Act 2012 authorises the stopping of a vehicle to conduct a search under section 28 of the Search and Surveillance Act 2012.

You must be satisfied that you have the grounds to search the vehicle, R.G.T.S

Question 18

What obligations must Police comply with when they stop a vehicle pursuant to section 121 of the Search and Surveillance Act 2012?

Answer 18

Police must also comply with the obligations set out in section 131 of the Search and Surveillance Act 2012.

Question 19

When can police search for offensive weapons and seize without warrant?

Answer 19

Only in a public place to search for offensive weapons.

Police will require a search warrant for anywhere other than a public place.