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Bill Potts
Director - Criminal Lawyer


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Weapons Offences - QLD
Welcome to the QLD Possession Of Knife In A Public Place Or School article page. Everything you need to know about Possession Of Knife In A Public Place Or School according to QLD law - Dated: 09/01/2009

What the Law States according to QLD Law for Possession Of Knife In A Public Place Or School
According to QLD Law for the charge of Possession Of Knife In A Public Place Or School,

Sections 51 of the Weapons Act Queensland states:

(1) A person must not physically possess a knife in a public place or school, unless the person has a reasonable excuse.

In this section

a knife includes a thing with a sharpened point or blade that is reasonably capable of

(a) Being held in 1 or both hands; or

(b) being used to wound or threaten to wound anyone when held in 1 or both hands.

A school means any part of the premises of-

(a) a State educational institution under the Education (General Provisions) Act 2006; or

(b) a non-State school under the Education (Accreditation of Non-State Schools) Act 2001.

Principles and Object of Act

(1) The principles underlying this act are as follows-

(a) weapon possession and their use are subordinate to the need to ensure public and individual safety;

(b) public and individual safety is improved by imposing strict controls on the possession of weapons and requiring the safe and secure storage and carriage of weapons.

(2) The object of this act is to prevent the misuse of weapons.

The Maximum Penalty - Possession Of Knife In A Public Place Or School
According to QLD Law for the charge of Possession Of Knife In A Public Place Or School, The Maximum penalty is 20 penalty units or 6 months imprisonment

What the Police must prove according to QLD Law for Possession Of Knife In A Public Place Or School

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 possessed a knife in a public place or school .

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.

Possible Defences under QLD Law - Possession Of Knife In A Public Place Or School

Possible defences to this offence include but are not limited to

(1) The accused had a reasonable excuse to have a knife in a public place or school -

(a) to perform a lawful activity, duty or employment; or

(b) to participate in a lawful entertainment, recreation or sport; or

(c) for exhibiting the knife; or

(d) for use for a lawful purpose.

(2) Identification i.e. not the accused.

(3) The accused did not know a knife was in his possession.

(4) The accused honestly and reasonably but mistakenly believed the thing was not a knife.

(5) The knife was not in the accused's control.

In QLD which court will hear the matter - Possession Of Knife In A Public Place Or School

This matter is can only be dealt with in the Magistrates Court.

Criminal Law Article written by Bill Potts (a Queensland criminal defence lawyer who is experienced in Possession of Knife in a Public Place or School matters)

Call ADLA on 1300 331 331