Custody of an Offensive Implement

Put simply, the offence of having custody of an offensive Implement is the possession of a weapon. It is a serious offence that carries a maximum fine of 50 penalty units or imprisonment for two years. In New South Wales, there is a separate offence of Custody of a Knife in a Public Place or School. The charge of Custody of an Offensive Implement is usually used by police when dealing with other dangerous weapons.

The Offence of Custody of an Offensive Implement

The offence of Custody of an Offensive Implement is contained in section 11B of the Summary Offenses Act 1988 which states: “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”

“Offensive Implement” is defined as being:

1. anything made or adapted for use for causing injury to a person or
2. anything intended, by the person having custody of the thing, to be used to injure or menace a person or damage property.

What Might Constitute Custody of an Offensive Implement?

The following actions could lead to a charge of having custody of an offensive implement:

• Carrying a bat with the intention to threaten someone;
• Possessing a shard of glass;
• Carrying a metal pole;
• Carrying a rock you intend to throw through a window

What must be proven

To convict you of Custody of offensive implement, the prosecution must prove each of the following matters beyond a reasonable doubt

• You had an item in your possession
• You did so in a public place or school
• The item was an “offensive implement”

Possible defences

Possible defences to a charge of having custody of an offensive implement include but are not limited to:

• That you did not know the item was there;
• Claiming a “reasonable excuse” for possession of the item

Which Court Will Hear Your Matter?

This matter is a summary matter and will be heard in the Local Court.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.