THE LAW

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”.

 

MAXIMUM/POSSIBLE PENALTIES

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:

• Full-time Imprisonment;
• An Intensive Correction Order (ICO);
• A Community Correction Order (CCO);
• A Conditional Release Order (CRO); and/or
• A Fine.

 

THE FACTS THAT MUST BE PROVEN

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 had in your custody an implement considered a knife; and
• You were in a public place; and
• You had no reasonable excuse (see above defences)

 

DEFENCES

You may argue that the custody was for a reasonable purpose, such as:

• your occupation, education or training requires you to carry a knife;
• you were or are in the preparation or consumption of food or drink;
• you are or were participating in a lawful entertainment, recreation or sport;
• you are carrying the knife for the purpose of an exhibition of knives for retail or other trade purposes;
• you are organised exhibition by knife collectors;
• you are the wearing of an official uniform and the knife is standard issue;
• you have genuine religious purposes for carrying the knife;

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’.

 

CHOICES AT LAW OPTIONS

For using a carriage service to menace, harass or cause offence, Rep-Revive Criminal & Employment Lawyers® offers the following options:

1.     We initiate negotiation with prosecutors (police) (a term referred to as “plea negotiations”) and plead to withdrawal or downgrade of the charge or alternatively, seek amendments to the police fact sheets or documents.

2.     At the hearing/trial, Rep-Revive Criminal & Employment Lawyers® shall if you so instruct Plead Not Guilty and drive the argument based on prosecution’s inability to prove the elements of their accusation.

3.     Alternatively, Rep-Revive Criminal & Employment Lawyers® may plead guilty on your instructions however, the hearing shall revolve around the facts with an objective to obtain a moderate or minimum punishment.

4.     Lastly, Rep-Revive Criminal & Employment Lawyers® on your instructions enter a plea of guilt where you accept all the charges pressed by the police, but we present a case so solid on your behalf, with an objective to persuade and convince the Court to not record a criminal conviction against you.

For further information on your choices at law click on (CHOICES AT LAW tab on our website)

 

WHY REP-REVIVE CRIMINAL & EMPLOYMENT LAWYERS®

There are several reasons to engage Rep-Revive Criminal & Employment Lawyers®:

•  We are always in your corner

At Rep-Revive Criminal & Employment 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. 

•  We bring about excellent results

Rep-Revive Criminal & Employment 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 & Employment Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court. 

• Your case will be in the hands of an experienced lawyer

Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal & Employment 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 & Employment Lawyers® are best suited for representing your case.

Please contact our office on 0419 998 398 or 0492 857 721 or email info@rpr5.sydney for more information. The first consultation is free.