In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

1. The accused had in his/her possession a thing (not being a firearm within the meaning of the Firearms Act 1996).
2. The thing was capable of discharging (by any means) any irritant matter in liquid, powder, gas or chemical form or any dense smoke, or any substance capable of causing bodily harm, or a fuse capable of use with an explosive or a detonator, or a detonator.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

The Crimes Act provides a defence to the offence.  Sections 93FB(2) and (3) state:

93FB   (2) A person is not guilty of an offence under this section for possessing anything referred to in subsection (1) if the person satisfies the court that he or she had a reasonable excuse for possessing it or possessed it for a lawful purpose.

(3) A person is not guilty of an offence under this section for possessing anything referred to in subsection (1) (a) if the person satisfies the court that he or she possessed it for the purpose of self-defence and that it was reasonable in the circumstances to possess it for that purpose.

Other possible defences to this offence include but are not limited to

1. Duress
2. Necessity
3. Self Defence