Possession of an Offensive Weapon
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What to do if you are Charged With Possessing a Prohibited Weapon in SA
What the Offence Is
Possession of an offensive weapon is a criminal offence under section 21C of the Summary Offences Act 1953 (SA). The law makes it illegal to carry or possess an offensive weapon or dangerous article without lawful excuse.
An offensive weapon is defined as:
- Any weapon or instrument designed for causing harm, including firearms, knives, clubs, swords, or bludgeons.
- Any item adapted for use as a weapon (such as a sharpened screwdriver).
- Any item carried with the intent to cause injury or intimidate others.
Possession of an "article of disguise" (such as a balaclava used to conceal identity during a crime) is also an offence under this section.
Why you Need Legal Advice
A conviction for possession of anoffensive weapon can have serious consequences, including a criminal record, travel restrictions, and employment difficulties. If you are facing a charge, you need expert legal advice to ensure the best possible outcome.
Call Stanley & Co Lawyers today on 08 7001 6135 for a complimentary 30-minute consultation with an experienced Criminal Defence Lawyer. We will help you understand your rights and build astrong defence.
Helpful Questions & Answers
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What the Prosecution Needs to Prove
To secure a conviction, the prosecution must prove:
1. The item is an offensive weapon or dangerous article – It must be one of theprohibited items or shown to be intended for harm.
2. The accused was in possession of the weapon – This includes having it on their person or under their control (e.g., in a car or backpack).
3. No lawful excuse – The accused did not have a legitimate reason to possess the weapon, such as for work or self-defence in extreme circumstances.
If the weapon was carried at night near licensed premises (e.g., pubs, clubs, or bottle shops), this can lead to more severe penalties.
The Relevant Court
- Minor offences (e.g., carrying a small weapon without intent) are generally dealt with in the Magistrates Court.
- More serious cases, such as using a weapon to threaten or harm, may be heard in the District Court.
What Defences Are Available
Possible defences include:
- Lawful possession – The item was being used for a legitimate reason, such as a tradesperson carrying a knife for work.
- Lack of intent – The weapon was not intended for offensive use (e.g., a sports bat carried for a game).
- Lack of possession – The accused was unaware the weapon was in their possession.
- Mistaken identity – The accused was wrongly identified as the person in possession of the weapon.
- Duress – The accused was forced to carry the weapon under threat of harm.
What are the Maximum Penalties for the Offence
The penalties depend on the severity of the offence:
- Basic offence (carrying an offensive weapon without lawful excuse): $2,500 fine or up to 6 months imprisonment.
- Manufacturing, selling, or distributing dangerous articles: $7,500 fine or up to 18 months imprisonment.
- Carrying a weapon at night near a licensed venue: $10,000 fine or up to 2 years imprisonment.
- Using an offensive weapon in a public place to cause fear: $10,000 fine or up to 2 years imprisonment.
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