Possession of offensive weapons

Question 1

What is section 202A(4)(a)?

Answer 1

This offence committed in a public place

Question 2

What is section 202A(4)(b)?

Answer 2

This offence committed in any place

Question 3

What is the difference between the definition of ‘an offensive weapon’ in each section?

Answer 3

In a public place it is ‘any article made, altered or intended for causing bloody harm’ where in any place it is ‘any article capable of being used for causing bodily injury’

Question 4

What is a defence for a person charged under section 202A(4)(b)?

Answer 4

If the person charged proves they did not intend to use the offensive weapon or disabling substance to commit an offence involving bodily injury

Question 5

What is important to remember when using a search power to search for offensive weapons?

Answer 5

That you can only use a warrantless search power to search in a public place. To search for offensive weapons in a private place you must have a warrant

Question 6

What search powers can you use to search people and vehicles when you suspect an offence against section 202A(4)(a)?

Answer 6

Section 27 for people and section 28 for vehicles