Welcome to the NSW Custody of a knife article page. Everything you need to know about Custody of a knife according to NSW law - Dated: 01/09/2009
According to NSW Law for the charge of Custody of a knife,
On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:
| 70624 |
Custody of knife in public place - first offence |
| 70625 |
Custody of knife in public place - subsequent offence |
| 70623 |
Custody of knife in school - first offence |
| 70626 |
Custody of knife in school - subsequent offence |
According to NSW Law for the charge of Custody of a knife,
The maximum penalty for the charge of custody of a knife (Section 11C of the Summary Offences Act) is a fine of 5 penalty units.
In NSW, a court can impose any of the following penalties for an custody of a knife charge.
You’ll find a brief description of each of these penalties at the bottom of this page.
Likely Penalty
Local Court
Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of custody of a knife, if heard in the Local Court, is likely to be a fine of $450.
For first time offenders the likely penalty is a fine of $300.
To convict you of a custody of a knife charge, the police must prove each of the following matters beyond a reasonable doubt:
- You had in your custody a knife.
- At the time you were in a public place or a school.
- It was without reasonable excuse.
They will also need to prove that you were the person who committed the custody of a knife offence.
Possible defences to an custody of a knife charge include but are not limited to:
Section 10 for a custody of a knife charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.
Fines for a custody of a knife charge: When deciding the amount of a fine for a custody of a knife charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set. Read more.
