OF09: Offensive Weapons

Question 1

Elements for Section 202A (4) (a)

Answer 1

Possession of offensive weapons OR disabling substances (Public Place)

• 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 for Section 202A (4) (b)

Answer 2

Possession of offensive weapons OR disabling substances (Any Place)

• Has in his or her possession
• In any place
• Any offensive weapon OR Any 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 ‘Weapon’ Public Place

Definition of ‘Weapon’ Any Place

Answer 3

• Any article made, altered or intended for
  causing bodily injury
• Any article capable of being used for causing
  bodily harm

Question 4

Describe ‘Disabling Substance’

Answer 4

Anaesthetising or other substance produced or intended for the purpose of disabling persons

Question 5

Power of arrest in relation to ‘Possession of offensive weapons’

Answer 5

Section 315 (2)
Arrest without warrant

Question 6

Search powers for offensive weapons?

Answer 6

Section 27 SASA - Searching people

Section 28 SASA - Searching vehicles

Question 7

Search and seizure powers for offensive weapons relate only to what places?

Answer 7

Public places only

Question 8

Explain the differences between 202A (4) (a) and 202A (4) (b)

Answer 8

a) any article made, altered or intended for causing bodily injury
b) any article capable of being used for causing bodily injury