Carrying a Knife In A Public Place? Know The Law or risk going to jail.

Carrying a Knife?

The recent Bondi Westfield knife attack leading to 6 fatalities and multiple others injured, has cast a dark shadow of loss and mourning throughout Australia and has brought to public conversation the importance of safety from weapons such as knives.

A couple of days after the Bondi tragedy, news broke of a knife attack against Bishop Mar Mari in the Assyrian Christ The Good Shepherd Church, where multiple people were also injured. This event in combination with the Westfield attack, has spread fear among many Australians in regard to their safety in public due to an increased prevalence of knife attacks. This leaves many to question, does the law protect its citizens from individuals dangerously carrying knives in public? And is there anything else the law can realistically and practically do to maximize protection?

Carrying a knife: The Law

Section 93IB of the Crimes Act 1900 (NSW) is the legislation which states

• A person must not have in the person’s custody a knife in a public place or a school. : Maximum penalty–40 penalty units or imprisonment for 4 years, or both.

The law does provide some defences in Section 93IB(2), 93IB(3), and 93IB(4) of the Crimes Act 1900 which states.

(2) It is a defence to an offence under subsection (1) if the accused person proves the person had a reasonable excuse.

(3) A reasonable excuse includes the person having the knife in the person’s custody

(a) because it is reasonably necessary for

(i) the lawful pursuit of the person’s occupation, education or training, or

(ii) the preparation or consumption of food or drink, or

(iii) participation in a lawful entertainment, recreation or sport, or (iv) the exhibition of knives for retail or other trade purposes, or (v) an organised exhibition by knife collectors, or

 (vi) the wearing of an official uniform, or

(vii) genuine religious purposes, or

(b) because it is reasonably necessary during travel to or from or incidental to an activity referred to in paragraph (a), or

(c) in circumstances prescribed by the regulations.

(4) It is not a reasonable excuse for the person to have a knife in the person’s custody– (a) for self-defence, or (b) for the defence of another person. 

While the law provides clear exemptions, it unequivocally states that the need for self-defence or protection does not justify carrying a knife.

Carrying a knife: Case Study

A recent case handled by Barsha Defence Lawyers involved a client charged with behaving offensively in a public place/school and possession of a knife in a public place. Our client, who had threatened to harm a dog with a small knife during an altercation, underwent an anger management course and presented mitigating factors such as an apology letter and character references. Ultimately, the client pleaded guilty and received a Conditional Release Order without conviction.

Carrying a knife: Factors In Sentencing

Each case is assessed on its merits, with maximum penalties being a critical consideration. Although imprisonment may be unlikely for first-time offenders, engaging a specialist criminal defence lawyer can significantly impact the outcome, potentially leading to charges being withdrawn or dismissed, or minimizing penalties. It is also important to know that in some situations, imprisonment may be highly likely and so it is imperative that you obtain legal representation from the inception of your criminal law matter.

Barsha Defence Lawyers: Expert Parramatta Defence Lawyers In Carrying A Knife Offences

Barsha Defence Lawyers is one of Sydney’s premier criminal law firms, specializing in the Parramatta area. With unparalleled expertise in all criminal matters—from traffic offences to drug offences, assault, and sexual offences—we bring experience and dedication to every case we handle.

Specialist Criminal Defence Lawyer In Parramatta for Carrying A Knife Offences

Our comprehensive legal services include consultation, guidance, and vigorous representation in court. We understand that a criminal conviction can significantly impact your life, leading to hefty fines, good behaviour bonds, community service, and even imprisonment. Whether you’re pleading guilty or not guilty, our Parramatta defence lawyers are committed to providing unwavering representation and personalized attention to every case.

Why Choose Barsha Defence Lawyers In Parramatta?

At Barsha Defence Lawyers, we operate on the foundation of core professional values and a client-centered approach. We recognize the unique circumstances of each individual and case, approaching our work with empathy and respect. Our commitment to justice drives us to ensure the best possible outcome in every single case.

1. Expertise in Criminal Law: Our Parramatta defence lawyers have extensive experience in handling various criminal cases, ensuring you receive the best legal representation.

2. Personalized Approach: We tailor our strategies to meet the specific needs of your case, providing individualized attention and care.

3. Proven Track Record: Our successful track record in defending clients at Parramatta Local, District & Children’s Court, speaks for itself.

Facing Carrying a knife charges At Parramatta Local, District Or Children’s Court? Contact Us Today!

If you or a loved one is facing criminal charges at Parramatta Local, District or Children’s Court, don’t wait! Contact Barsha Defence Lawyers today to arrange a free initial consultation. Representation from the very inception of a criminal investigation can make all the difference in your case.

1. Free Initial Consultation: Get expert legal advice with no obligation.

2. 24/7 Availability: We are here for you whenever you need us.

3. Confidential and Compassionate: We handle your case with the utmost confidentiality and compassion.

4. Experience in the Courtroom: Our lawyers are experts in Court room advocacy and will defend your rights with skill and experience.

Our Legal Services

1. Traffic Offences: Traffic offences can range from minor infractions to serious violations that carry severe penalties. Our legal team specializes in defending clients against speeding tickets, reckless driving, hit and run, and other traffic violations. We work to minimize fines, points on your license, and other penalties, helping you maintain a clean driving record.

2. Drug Offences: Facing charges for drug offences can be overwhelming and carry harsh penalties, including imprisonment and heavy fines. Our experienced lawyers provide robust defence for a variety of drug-related charges, including possession, trafficking, manufacturing, and distribution. We meticulously examine the details of your case to build a strong defence aimed at reducing or dismissing the charges.

3. Assault: Assault charges can arise from various situations and can lead to serious legal consequences. Our legal team is adept at handling cases involving simple assault, aggravated assault, and battery. We provide thorough investigation and strategic defence to challenge the evidence and protect your rights, striving for the best possible outcome in your case.

4. Sexual Offences: Charges of sexual offences are extremely serious and can have life-altering consequences. Our lawyers are experienced in defending against allegations of sexual assault, rape, child molestation, and other sexual crimes. We offer sensitive and discreet legal representation, focusing on protecting your rights and reputation while providing a strong defence strategy.

5. Property Offences: If you are charged with property offences such as vandalism, trespassing, arson, or property damage, our dedicated legal team can help. We understand the complexities of property crime cases and will work tirelessly to defend your rights, aiming to reduce charges or achieve a favourable verdict.

6. Firearm and Weapon Offences: Facing firearm or weapon charges can be daunting. Our lawyers specialize in defending against charges related to illegal gun possession, firearms violations, and concealed weapon offences. We provide robust defence strategies to challenge the prosecution’s case and protect your freedom.

7. Domestic Violence Offences: Charges of domestic violence can have serious consequences on your life. Our legal team is experienced in handling domestic abuse, battery, and spousal abuse cases. We provide compassionate and effective representation to defend your rights and work towards the best possible outcome in your case.

8. Fraud Offences: Fraud charges require a meticulous and strategic defence. Our lawyers are well-versed in defending against various types of fraud, including identity theft, credit card fraud, and insurance fraud. We investigate every detail of your case to build a strong defence and protect your reputation and future.

9. Drink Driving Offences: Being charged with drink driving (DUI) can lead to severe penalties, including fines, license suspension, and jail time. Our experienced DUI lawyers provide aggressive defence strategies to challenge the evidence against you, aiming to reduce or dismiss the charges and minimize the impact on your life.

10. Drug Driving Offences: Charges for driving under the influence of drugs (drugged driving) are serious and complex. Our legal team specializes in defending clients accused of drug driving, focusing on challenging the prosecution’s evidence and providing expert representation to protect your rights and driving privileges.

11. Licence Appeals: If your driver’s license has been suspended or revoked, our lawyers can assist you in the appeal process. We understand the importance of your driving privileges and will work diligently to build a compelling case for the reinstatement of your license, ensuring you can get back on the road legally.

12. Bail Applications: Securing bail is crucial for your freedom while awaiting trial. Our lawyers are experienced in handling bail applications and hearings, providing strong arguments to the court for your release. We aim to secure the most favourable bail conditions, allowing you to prepare for your defence without unnecessary detention.

13. Section 14 Applications: Section 14 applications are critical for certain legal defences and procedural matters. Our legal team is skilled in preparing and filing Section 14 applications, ensuring compliance with legal standards and advocating for your best interests in court. We provide expert guidance throughout the application process to achieve optimal results.

Charged with Carrying a Knife? Contact Us Now

Book your free consultation to see how our Parramatta Criminal Law Specialists can assist you. Call us today or visit our website to get started. Don’t wait – secure the best defence for your case now!

In the event of being charged with carrying a knife in public, seeking immediate legal advice is imperative. Contact the experienced lawyers at Barsha Defence Lawyers a free initial consultation to discuss your case.