Custody of Knife in Public Place Lawyer Parramatta, Sydney, Norwest & NSW

Charged with custody of a knife in a public place in Parramatta, Sydney, Norwest, Castle Hill, or anywhere in NSW? Possessing a knife in public without reasonable excuse is an offence under sections 93IB and 93IC of the Crimes Act 1900 (NSW) carrying maximum penalties of 4 years imprisonment and $4,400-$11,000 fines. Whether you're caught with a pocket knife in Parramatta CBD, hunting knife in Castle Hill, kitchen knife at Parramatta Station, or work tools in Norwest, you need expert legal representation to establish reasonable excuse and avoid criminal conviction.

At Barsha Defence Lawyers, we have offices in Parramatta (5 minute walk to Parramatta Local Court) and Norwest (serving Castle Hill, Baulkham Hills, Rouse Hill, and the Hills District with FREE on-site parking). We regularly defend knife possession charges in Parramatta Local Court, Castle Hill Local Court, Blacktown Local Court, and across Western Sydney and NSW. Our experienced criminal defence team has successfully achieved charge withdrawals, not guilty verdicts, and Section 10 dismissals by establishing reasonable excuse for knife possession.

What Is Custody of Knife in Public Place in NSW?

There are TWO knife possession offences:

Section 93IB - Custody of Knife in Public Place or School

Section 93IB Crimes Act: Possess knife in public place or school without reasonable excuse

• Maximum penalty: 4 years imprisonment and/or $4,400 fine

Section 93IC - Custody of Knife in Presence of Person (Aggravated)

Section 93IC Crimes Act: Use or carry visible knife in presence of another person in manner likely to cause fear

• Maximum penalty: 4 years imprisonment and/or $11,000 fine

Common Knife Possession Scenarios - Parramatta, Norwest, Castle Hill & Sydney

Pocket Knives / Utility Knives:

• Carrying pocket knife in Parramatta CBD, Castle Hill town centre
• Swiss army knife, multi-tool in public
• Utility knife, box cutter in car during traffic stop
• Pocket knife found during police search at Parramatta Station, Castle Hill Station

Work-Related:

• Tradesperson (carpenter, electrician) carrying work knives in Norwest, Castle Hill
• Chef transporting kitchen knives between restaurants in Parramatta
• Box cutters, utility blades for warehouse work
• Fishing knives in car on way to/from fishing

Kitchen Knives:

• Kitchen knife in car after shopping at Westfield Parramatta, Castle Towers
• Carrying knife purchased from store
• Kitchen knife forgotten in bag

Hunting / Camping:

• Hunting knife in car traveling to/from Dural, Galston, Glenorie rural areas
• Camping knife, survival knife in backpack
• Fishing knife forgotten in tackle box

Aggravated (In Presence of Person):

• Visible knife causing fear to bystanders in Parramatta, Castle Hill public areas
• Brandishing knife during argument
• Knife visible in belt, waistband in public

What Is a "Knife"?

Under the legislation, "knife" includes:

• Knife blades
• Razor blades
• Any blade designed or adapted for cutting

Examples:

• Kitchen knives, chef knives
• Pocket knives, Swiss army knives
• Hunting knives, fishing knives
• Utility knives, Stanley knives, box cutters
• Flick knives, butterfly knives
• Multi-tools with blades
• Razors, box cutter blades

What Is a "Public Place"?

Under section 3 Summary Offences Act, "public place" means:

• Any place accessible to or used by public (free or paid entry)
• Roads, streets, footpaths
• Parks, reserves
• Shopping centres (Westfield Parramatta, Castle Towers)
• Train stations (Parramatta Station, Castle Hill Station)
• Pubs, restaurants, cafes
• Car parks
• Even private property if accessible to public

Custody of Knife Penalties NSW

What Must Prosecution Prove?

For custody of knife charges at Parramatta, Castle Hill, or Sydney courts, prosecution must prove beyond reasonable doubt:

1. You had custody of a knife
2. In a public place or school
3. You had no reasonable excuse
4. (For s93IC) In presence of another person in manner likely to cause fear

Critical: Once prosecution proves elements 1-2, burden shifts to YOU to establish reasonable excuse.

Defence: Reasonable Excuse (Most Important)

Under section 93IB(2), you have a statutory defence if you prove reasonable excuse for possessing the knife.

Legislated reasonable excuses include:

1. Lawful pursuit of occupation, education or training
   • Tradesperson (carpenter, electrician, plumber) carrying work tools
   • Chef transporting kitchen knives for work
   • Butcher, fishmonger with work knives
   • Apprentice carrying knives for training
2. Preparation or consumption of food or drink
   • Carrying picnic knife for outdoor meal
   • Kitchen knife for BBQ at park
   • Fruit knife for lunch
3. Participation in lawful entertainment, recreation or sport
   • Fishing knife for fishing trip to Parramatta River, Hawkesbury River
   • Hunting knife for lawful hunting in Dural, Galston rural areas
   • Camping knife for camping trip
4. Exhibition of knives for retail or trade
   • Store employee transporting knives for sale
   • Sales representative with knife samples
5. Organised exhibition by knife collectors
   • Knife collector attending exhibition
6. Wearing of official uniform
   • Security guard with utility knife as part of uniform
7. Genuine religious purposes
   • Ceremonial knife for religious ceremony
   • Sikh kirpan (religious knife)
8. Travel to/from or incidental to above activities
   • Traveling to work with work knives
   • Returning from fishing with fishing knife
   • Knife purchased from store, traveling home

Other Defences to Knife Possession

1. Not in Custody

Knife did not belong to you, you had no knowledge or control.

2. Not a "Knife"

Item does not meet legal definition of knife (e.g., blunt tool, not designed for cutting).

3. Not in "Public Place"

Knife was in private location, not accessible to public.

4. Mental Health Defence

Section 14 application for mental illness or cognitive impairment.

Court Process

1. Police Discovery: Knife found during search, traffic stop, at train station
2. Charge: Court Attendance Notice issued or arrest
3. First Appearance: Mention at Parramatta, Castle Hill, Blacktown Local Court
4. Brief of Evidence: Police provide photos of knife, circumstances of discovery
5. Defence Evidence: Your lawyer provides evidence of reasonable excuse (employment letter, receipts, witness statements)
6. Negotiations: Lawyer negotiates for withdrawal based on reasonable excuse
7. Plea: Plead guilty or plead not guilty
8. Hearing or Sentence: Defended hearing or sentencing

Knife custody matters typically finalized within 3-6 months.

Will I Go to Jail?

Imprisonment depends on circumstances:

First Offender with Reasonable Excuse:

• Charges often withdrawn or Section 10 no conviction

First Offender, No Reasonable Excuse, Small Knife:

• Section 10, fine ($300-$1,000), or Community Correction Order

Aggravated (Large Knife, Brandished, Caused Fear):

• First offenders: 6-18 months imprisonment
• Repeat offenders: 18 months to 3 years imprisonment

Can I Get Section 10?

YES — Section 10 is achievable for knife possession, especially:

• First offenders with no criminal history
• Reasonable excuse established or borderline
• Small knife (pocket knife, utility knife)
• Work-related possession with supporting evidence
• Good character references from Parramatta, Norwest, Castle Hill employers/community
• Early guilty plea

How Your Parramatta, Sydney or Norwest Knife Possession Lawyer Can Help

• Establish reasonable excuse for knife possession (employment letters from Parramatta, Norwest, Castle Hill employers)
• Obtain purchase receipts showing knife just purchased for legitimate use
• Obtain witness statements confirming work-related possession
• Obtain employer letters confirming you are tradesperson requiring knives
• Challenge whether item is a "knife" under legislation
• Challenge whether location was "public place"
• Negotiate with police prosecutors for withdrawal based on reasonable excuse
• Obtain character references from Parramatta, Norwest, Castle Hill community
• Prepare comprehensive Section 10 submissions for first offenders
• Run defended hearings establishing reasonable excuse
• Appear in Parramatta, Castle Hill, Blacktown, Sydney Local Courts

Related Firearm & Weapon Offences

• Unlawful Possession of Firearm
• Firearm & Weapon Offences — all categories
• Assault Offences — often charged alongside weapon possession
• Mental Health Applications

External Resources

• Section 93IB Crimes Act - Custody of Knife
• Section 93IC Crimes Act - Knife in Presence of Person
• NSW Judicial Commission