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Custody of a Knife in a public place or school is an offence under Section 11C of the Summary Offences Act 1988 which carries a maximum penalty of 2 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
A knife includes:
A public place is:
A place or part of a premises that is open to, or used by the public, whether or not for payment, and whether or not only open only to a limited class of persons.
It includes privately owned places that are open to the public, such as:
A defence to the charge is that you had a ‘reasonable excuse’ for possessing the knife which includes, but is not limited to, the knife being ‘reasonably necessary’ for:
The onus is on you to prove the reasonable excuse ‘on the balance of probabilities’ which means greater than 50%.
Big thank you to Jason in helping me through my recent case. A great professional,…
Very professional and got the best result! Would definitely recommend if you want the best…
The professionalism, expertise and timeless effort shown by Karina was second to none. Exceptional service…
Couldn’t be happier with the outcome I received from Jason and the team at Sydney…