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Custody of a Knife

Public Order Offences – NSW

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

What the Law States according to NSW Law for Custody of a knife

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:

Law Part Short Description
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

The Maximum Penalty – Custody of a knife

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.

  • Section 10: custody of a knife proven but dismissed
  • Fine

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.

What the Police must prove according to NSW Law for Custody of a knife

To convict you of a custody of a knife charge, the police must prove each of the following matters beyond a reasonable doubt:

  1. You had in your custody a knife.
  2. At the time you were in a public place or a school.
  3. 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 under NSW Law – Custody of a knife

Possible defences to a custody of a knife charge include but are not limited to:

  • Duress
  • Necessity
  • Self Defence

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.

Fines for a Custody of a knife charge: When deciding the amount of a fine for a possession of data with intent charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set.

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