Custody of Knife in Public Place

Best Custody of Knife in Public Place Lawyers

We understand that being charged with this offence can be extremely distressing. We have a team of specialist criminal lawyers for custody of knife charges who are well-versed in defending these charges as well as helping our clients avoid having a criminal conviction recorded if they wish to plead guilty.

Contact us now to speak to our accredited specialist in criminal law. You can also see our recent results for Custody of Knife in Public Place charges.

WHAT SHOULD I DO?

• PLEADING NOT GUILTY

  What is Custody of knife in public place?

  Section 11C of the Summary Offences Act 1988 (NSW) sets out that possessing knife in a  public place is a criminal offence.

  As this is a summary offence, it must be finalised in the Local Court.

   

  How Do You Beat a Custody of Knife in Public Place Charge?

  You can beat a custody of knife in public place charge in two ways. Firstly, Police must prove beyond reasonable doubt that:

  1. You had in your custody a knife;
  2. At the time you were in a public place or a school; and
  3. You did not have a reasonable excuse

   

  If they cannot prove any of the above points, you can be found ‘not guilty’.

  Secondly, there are defences that can be used to have you found ‘not guilty’.

   

  What is a Reasonable Excuse?

  Significantly, self-defence is NOT a reasonable excuse and is not a defence to this charge.

  The following are reasonable excuses for having custody of a knife:

  1. You required it for your occupation or training;
  2. You required it for preparation or consumption of food (eg. if you were camping or hunting);
  3. You were using it in lawful entertainment or recreation or sport;
  4. exhibition of knives for retail or trade purposes;
  5. organised exhibition by knife collectors;
  6. wearing of an official uniform;
  7. genuine religious purposes; or
  8. during travel to or from or incidental to any of the above activities.

  What is a Public Place?

  The definition of public place is contained in Section 3 of the Act:

  “a place or part of a premises, that is open to the public, or is used by the public whether or not on payment of money or other consideration, whether or not the place or part is ordinarily so open or used and whether or not the public to whom it is open consists only of a limited class of persons, but does not include a school.”

   

  What Are the Defences to Custody of Knife?

  You will be found NOT GUILTY to this offence under any of the below defences to custody of knife in a public place:

  1. You had a reasonable excuse for having custody of the knife;
  2. You were not in a public place
  3. Duress: You were forced to commit the offence
  4. Necessity: Your actions were necessary in the circumstances
  5. Identification: The prosecution cannot prove you were the person with custody of the knife

   

  Our custody of knife solicitors have years of experience in determining what defences are open to you and determining whether you satisfy a ‘reasonable excuse’ exception. Contact us now to discuss your case with a specialist criminal lawyer.

• PLEADING GUILTY

  If you decide to plead guilty to Custody of knife in a public place, you can refer to this guide on how to prepare for sentencing to maximise your chances at getting a non-conviction. However, you should consult a specialist criminal lawyer for advice specific to your case. Contact us now to speak to our team.

   

  What is the Maximum Penalty for Custody of Knife in Public Place?

  The maximum penalty for Custody of knife in public place is 2 years imprisonment and/or a fine of $2200.

   

  What are the Possible Sentences for Custody of Knife?

  The following are potential sentencing options for a charge of custody of knife in a public place

  • Section 10 dismissal
  • Conditional release order without conviction (previously known as Section 10 good behaviour bond)
  • Fine
  • Conditional release order with conviction (previously known as Section 9 good behaviour bond)
  • Community Corrections Order (previously known as Community Service Order)
  • Intensive Corrections Order
  • Home Detention Order (no longer used in NSW)
  • Full Time Imprisonment

   

  Will You Go to Jail for Custody of Knife in a Public Place?

  Looking at statistics for custody of knife cases in the Local Court from the last 5 years, 10% of people received no conviction for custody of knife charges. The remaining offenders all received convictions. Less than 5% of offenders were sentenced to some form of imprisonment.

  Avoiding a criminal conviction is not easy. That is why it is important that you speak to one of the best lawyers for custody of knife charges to obtain the best possible outcome.