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Written by
Greg Barns
Criminal Defence Lawyer


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Public Order Offences - TAS
Welcome to the TAS Being armed in public article page. Everything you need to know about Being armed in public according to TAS law - Dated: 09/01/2009

What the Law States according to TAS Law for Being armed in public

According to TAS Law for the charge of Being armed in public ,

Criminal Code Act 1924  SECT 78

78. Being armed in public

Any person who goes armed in public without lawful occasion in such a manner as to alarm the public is guilty of a crime.

The Maximum Penalty - Being armed in public

According to TAS Law for the charge of Being armed in public ,

The maximum term of imprisonment is 21 years, or fine, or by both such punishments, and will be determined by the judge as he/she think fit in the circumstances of each particular case.

What the Police must prove according to TAS Law for Being armed in public

(a) the accused is correctly identified as the offender

(b) the accused was armed

(c) the accused had no lawful excuse

(d) the accused alarmed the public

Possible Defences under TAS Law - Being armed in public

(a) Duress

(b) Factual dispute

(c) Honest and reasonable mistake or belief

(d) Identification dispute

(e) Lack of intent

(f) Mental impairment

(g) Necessity

In TAS which court will hear the matter - Being armed in public

Supreme Court
n/a