You are not allowed to carry a knife in public unless you have a reasonable excuse. An example of a reasonable excuse is the Chef who carries his or her expensive knives to and from work.

In order to be found guilty of custody of a knife in a public place, the prosecution must prove beyond reasonable doubt:

  • That you without reasonable excuse;
    • Had a knife in your custody;
    • In a public place or school.

A reasonable excuse for carrying a knife does include self-defence or defence of another.

Possible Defences For Carrying A Knife

  • Duress; and
  • Necessity

Penalty

Upon conviction in the Local Court, the maximum penalty is 2 years imprisonment and/or a fine of $2,200.

If you are charged with this offence, contact Benjamin & Leonardo Criminal Defence Lawyers for precise and honest legal advice. Your first conference is free.

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