The offence is found under S 11C Summary offences Act 1988 (NSW) which reads:
“A person must not, without reasonable excuse (proof of which lies on the person), have in his or her custody a knife in a public place or a school”.
The maximum penalty for custody of a knife in a public place is 20 penalty units or imprisonment for 2 years, or both.
1 penalty unit = $110.00
Therefore, penalty of 20 penalty units, in NSW is equal to 20 x $110 being $2,200.
The above penalties are reserved for the worse cases of offending.
In NSW, a court can impose any of the following penalties for Custody of a Knife in a public place or school charge of:
Since custody of a knife is a criminal offence, the burden of proof lies on the Prosecution. The prosecution must prove a person’s guilt beyond reasonable doubt being:
You may argue that the custody was for a reasonable purpose, such as:
However, the law states ‘that it is not a reasonable excuse for the purposes of this section for a person to have custody of a knife solely for the purpose of self defence or the defence of another person’.
For being in Custody of a Knife in a public place, Rep-Revive Criminal Lawyers® offers the following options:
For further information on your choices at law click on (CHOICES AT LAW tab on our website)
There are several reasons to engage Rep-Revive Criminal Lawyers®:
At Rep-Revive Criminal Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner.
Rep-Revive Criminal Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.
Rep-Revive Criminal Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court.
Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal Lawyers® who have been in the provision of legal service for over 21 years.
If you are caught up in this charge our team at Rep-Revive Criminal Lawyers® are best suited for representing your case.