Custody of a Knife in a Public Place

Charged With Custody Of A Knife In A Public Place?

Recently, the NSW government has  enacted significant changes to knife crime penalties, effectively doubling them by introducing new indictable offences under the Crimes Act 1900 (NSW). These new offences allow for cases to be referred to higher courts, such as the District Court, rather than being resolved in the Local Court as summary offences under the Summary Offences Act 1988 (NSW). These changes mark a heightened focus on addressing knife-related crimes and underscore the seriousness with which such offences are now treated under the law. Especially in the wake of the Bondi Westfield Knife attack and the Good Shepherd Church Terrorist attack.

You could be charged with Custody of a Knife in a Public Place if you:

1. Have a flip-knife in your custody in a public place in the presence of a person
2. Bring a knife into a school 

Additionally, another offence has been incorporated into section 93IC of the Act, pertaining to the use or carrying of a visible knife in specific circumstances:

1. In the presence of another person;
2. In a public place or a school; and
3. In a manner likely to cause a reasonable person to fear for their safety.

This offence carries a maximum penalty of up to $11,000, imprisonment for 4 years, or both.

What is a Knife?

The definition of a ‘knife’ encompasses both knife blades and razor blades.

What is a Public Place?

A ‘public place’ encompasses any area or portion of premises accessible to and utilized by the public, regardless of payment or consideration, and regardless of the typical accessibility or use of the area.

Both offences are categorized as Table 1 offences under the Criminal Procedure Act 1986, implying they will be adjudicated summarily unless either the prosecution or the defendant elects otherwise.

What must the prosecution prove?