Possession of a Knife in a Public Place or a School

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

Our experienced criminal law solicitors have prepared a brief overview of the law relating to weapons in Queensland.

If you or someone you care about is facing a charge of possessing a knife in public, you need specific advice and should contact Gatenby Criminal Lawyers on 5580010 for advice.

What is a ‘Public Place’?

A public place is defined as any place or premises that a member of the public can access. This can include vehicles in public places, and membership facilities such as gyms.

What Would a “Reasonable Excuse” Be?

  • Having a filet knife on your way to fishing
  • Exhibiting the knife in a fair or exhibition
  • Wearing a knife on your belt while working in primary production

What the Prosecution Must Prove

  1. You physically possessed the knife;
  2. The place is a public place or school; and
  3. You had no reasonable excuse to possess the knife.

The Crown is required to prove all of the above elements. However, it is the defendant’s job to raise a reasonable excuse or justification.

Possible Penalties

The maximum penalty for this offence is 40 penalty units or 1 year’s imprisonment.

What Court Will I Be In?

This offence is a summary matter, and will be heard and determined in the Magistrates Court.

For specific legal advice relating to your matter, you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.