Possession of Offensive Weapons or Disabling Substances (Any Place) - Proving Elements

Question 1

Has in his or her possession

Answer 1

Has in their possession

Question 2

In any place

Answer 2

Any place; includes public and private places.

Question 3

Any offensive weapon

Answer 3

Any article capable of being used for causing bodily injury.

Question 4

Any disabling substance

Answer 4

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

Question 5

In circumstances that prima facie shows an intention to use it to commit an offence involving bodily injury or the threat or fear of violence

Answer 5

Actions by the suspect 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, or the threat or fear of violence.