Custody of knives in public places or schools

THINGS YOU NEED TO KNOW:

1. Custody of knives in public places or schools is an indictable offence under Section 93IB of the Crimes Act 1900 (NSW).
2. A number of defences against a conviction of Custody of knives in public places or schools are available.
3. The maximum penalty available to the Court for the criminal offence of Custody of knives in public places or schools is a term of imprisonment of 4 years.
4. Custody of knives in public places or schools matters are heard in the Local Court and District Court.
5. Criminal Lawyers Group are the leading criminal law firm in NSW for obtaining not guilty verdicts and the withdrawal of charges for clients charged with the criminal offence of Custody of knives in public places or schools.

The criminal offence of Custody of knives in public places or schools can have serious consequences. Contact our award-winning expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.

WHAT IS THE CRIMINAL OFFENCE OF CUSTODY OF KNIVES IN PUBLIC PLACES OR SCHOOLS?

Section 93IB of the Crimes Act 1900 (NSW) constitutes it a criminal offence for a person to have in the person’s custody a knife in a public place or a school.

WHAT IS THE PENALTY FOR THE CRIMINAL OFFENCE OF CUSTODY OF KNIVES IN PUBLIC PLACES OR SCHOOLS?

Section 93IB of the Crimes Act 1900 (NSW) prescribes a maximum penalty of 4 years imprisonment and/or a $4,400 fine for anyone convicted of the criminal offence of custody of knives in public places or schools.

REASONABLE EXCUSE

Section 93IB of the Crimes Act 1900 (NSW) provides for the defence of a reasonable excuse. You will not be convicted of the offence of custody of knives in public places or schools if you can prove that you had a reasonable excuse.

A reasonable excuse includes the person having the knife in the person’s custody:

• Because it is reasonably necessary for:
• The lawful pursuit of the person’s occupation, education or training, or
• The preparation or consumption of food or drink, or
• Participation in a lawful entertainment, recreation or sport, or
• The exhibition of knives for retail or other trade purposes, or
• An organised exhibition by knife collectors, or
• The wearing of an official uniform, or
• Genuine religious purposes, or
• Because it is reasonably necessary during travel to or from or incidental to an activity referred to above, or
• In circumstances prescribed by the regulations.

IS SELF-DEFENCE A REASONABLE EXCUSE?

No, Section 93IB of the Crimes Act 1900 (NSW) states that it is not a reasonable excuse against a conviction of the offence of custody of knives in public places or schools for the person to have a knife in the person’s custody for self-defence, or for the defence of another person.

WHAT DOES THE PROSECUTION NEED TO PROVE?

You will beat a Custody of knives in public places or schools charge if the prosecution cannot prove beyond reasonable doubt that you had in your custody a knife in a public place or a school or if you in fact had the knife in your custody in a public place or a school but had a reasonable excuse.

WHAT ARE THE DEFENCES AGAINST GUILT FOR THE CRIMINAL OFFENCE OF CUSTODY OF KNIVES IN PUBLIC PLACES OR SCHOOLS?

Duress: You may defend a Custody of knives in public places or schools charge on the defence of duress, which is that you committed the offence due to a threat of death or serious harm against you or your family, with the threat being so severe that a person of ordinary firmness would be unable to resist and you could not have rendered the threat ineffective.

Necessity: The defence of necessity may be used to defend against a charge of the criminal offence of Custody of knives in public places or schools in circumstances where the criminal offence must have been done in order to avoid certain consequences which would have inflicted irreparable evil upon you or upon others whom you were bound to protect.

Did not have custody of a knife: That you did not have custody of a knife.

Not in a public place or school: That you did not have custody of the knife in a public place or school.

Reasonable Excuse: That you had a reasonable excuse for having custody of a knife in a public place or school, pursuant to Section 93IB of the Crimes Act 1900 (NSW).

Other defences may be available to you depending on the specific circumstances of your case. Contact Criminal Lawyers Group now so that we may analyse the defences available to you based on the circumstances of your case.

WHAT FACTORS WILL AFFECT PUNISHMENT IF CONVICTED OF THE OFFENCE OF CUSTODY OF KNIVES IN PUBLIC PLACES OR SCHOOLS?

If you are convicted of the criminal offence of Custody of knives in public places or schools, the court may consider a number of factors that will determine the punishment you receive, including but not limited to:

• Early guilty plea
• Circumstances of the offence, including any aggravating factors
• Criminal history, particularly involving knife offences
• Character references
• A letter of apology or affidavit demonstrating remorse
• Your likelihood of reoffending
• Any assistance you give to authorities

WHAT COURT ARE CUSTODY OF KNIVES IN PUBLIC PLACES OR SCHOOLS OFFENCES HEARD IN?

The criminal offence of Custody of knives in public places or schools is heard in the Local Court and District Court.

If the matter is finalised in the Local Court, the maximum penalty available is a maximum term of 2 years imprisonment.

Our expert criminal lawyers have a wealth of experience in obtaining the best outcomes in criminal matters across all levels of courts in NSW, including Custody of knives in public places or schools offences in the Local Court and District Court.

CAN I GET BAIL FOR A CUSTODY OF KNIVES IN PUBLIC PLACES OR SCHOOLS CHARGE?

Yes, you may be granted bail on a charge of Custody of knives in public places or schools. Our specialised criminal lawyers at Criminal Lawyers Group are the leading law firm in NSW for securing bail for our clients who were charged with serious criminal offences, including Custody of knives in public places or schools.

WHAT ARE YOUR OPTIONS?

When facing a Custody of knives in public places or schools charge, you have several options in court. These include:

PLEADING NOT GUILTY: Whether you are advised to plead not guilty or not, you have an inherent right to test the prosecution case by challenging the prosecution’s evidence, and fight for your acquittal. There are risks associated with this option and our experienced lawyers will always advise you of these factors.

PLEADING GUILTY: In some cases, you may be guilty of the charge, but the facts may be in issue, or you may be guilty of a lesser charge and not the charge that police have laid.

NEGOTIATE A PLEA DEAL: We may negotiate with the prosecution to request that the charge is withdrawn, downgraded or fact sheets amended, depending on the circumstances of your case.

CONTACT CRIMINAL LAWYERS GROUP NOW

This page contains general information and is not to be taken as legal advice.

For quality and award-winning legal advice, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may analyse your case and secure the best possible outcome for you.