Canberra & the ACT · Weapons offences
Offensive weapon and knife charges in the ACT.
Carrying an offensive weapon or a knife in public is an offence in the ACT, and carrying one with intent to use it in violence is more serious. These are summary matters, but a conviction has real consequences. Whether the item is a weapon, and any lawful excuse, are the issues.
- Offensive weapon6 monthss 380
- With intent1 years 381
- Knife in public10 pu / 6 monthss 382
- CourtMagistrates CourtSummary
The ACT offences.
The offences turn on possessing an offensive weapon or a knife in public. Section 381 is more serious because it adds an intent to use the weapon in violence. A lawful or reasonable excuse, such as a knife carried for work, is a defence to the knife offence. A penalty unit is a fixed dollar amount set under the Legislation Act 2001 (ACT) and updated from time to time, so the dollar figure should be checked against the current value.
Penalties and where the matter is heard.
These are summary matters heard in the ACT Magistrates Court. Sentencing is under the Crimes (Sentencing) Act 2005 (ACT), and a non-conviction order under s 17 is available in the right case, which can protect employment and a security clearance.
Defences and issues that matter.
Whether the item is an offensive weapon.
Not every item is an offensive weapon. Whether an item is a weapon, or was carried as one, can be in issue.
Reasonable or lawful excuse.
For the knife offence, a reasonable excuse, such as a knife carried for work, recreation or a genuine purpose, is a defence. The circumstances are examined.
Intent.
The more serious s 381 offence requires an intent to use the weapon in violence. Where that intent is absent, the proper charge is the lesser one.
How the matter is run.
The work is to test whether the item is really an offensive weapon, to establish any reasonable or lawful excuse, and to prepare a subjective case that keeps a first offender out of a conviction. Where intent is alleged under s 381, that element is examined closely, because it lifts the seriousness of the matter.
Frequently asked.
Is it illegal to carry a knife in the ACT?
Having a knife in a public place or a school without a reasonable excuse is an offence under s 382 of the Crimes Act 1900 (ACT), carrying up to 10 penalty units, 6 months, or both. A reasonable excuse, such as a knife carried for work, is a defence.
What is the penalty for carrying an offensive weapon in the ACT?
Up to $1,000, 6 months imprisonment, or both under s 380. Carrying one with intent to use it in violence under s 381 carries up to $2,000, 1 year, or both.
Is a reasonable excuse a defence to carrying a knife?
Yes, for the knife offence. A reasonable excuse, such as carrying a knife for work, recreation or another genuine purpose, is a defence. The circumstances are examined.
Can I avoid a conviction for a weapon offence in the ACT?
In the right case, yes. Under s 17 of the Crimes (Sentencing) Act 2005 (ACT) the court can deal with a matter without recording a conviction, which can protect employment and a security clearance.
Charged in the ACT, or facing a Supreme Court trial?
A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.
Request a confidential consult 0421 717 019