Carrying a Knife or Weapon in NSW: What Counts as a ‘Reasonable Excuse’?

In NSW, carrying a knife or weapon in public without a lawful reason can land you with serious criminal charges, even if you never intended to use it. From young people with pocketknives to adults carrying tools for work, what you think is reasonable might not be considered so by the law.

At National Criminal Lawyers®, we regularly represent clients, especially young men who have been charged for carrying prohibited items. This blog explores what counts as a ‘reasonable excuse’ under the law, the penalties for knife possession, common defences, and how courts approach these charges in Penrith, Sydney, Blacktown, and beyond.

If you’re facing this charge, speak to an experienced lawyer as soon as possible.

From 11C to Crimes Act 1900: Law Has Changed

Previously, offences were included in section 11C of the Summary Offences Act 1988 (NSW), which made it illegal to carry a knife in public without reasonable excuse, with penalties of up to 2 years imprisonment or a $2,200 fine.

However, section 11C has now been repealed, and these offences are now captured under the Crimes Act 1900 (NSW):

• Section 93IB: Custody of a knife in a public place or school
  
• Section 93IC: Using or carrying a knife in a public place or school in a way likely to cause fear
  

Under s 93IB, carrying a knife without lawful excuse can attract up to 4 years imprisonment or a fine up to $4,400. Under s 93IC, carrying visibly or threatening someone attracts up to $11,000 in fines and 4 years imprisonment.

What Counts as a “Reasonable Excuse”?

The old section 11C listed several statutory reasons which still apply by virtue of transitional provisions:

• Occupation, education, or training (e.g. chef, tradie)
  
• Food preparation or consumption
  
• Lawful recreation or sport (like camping or fishing)
  
• Knife exhibitions, collecting, or retail trade
  
• Official uniform usage
  
• Genuine religious reasons (e.g. Sikh kirpan)
  
• During travel to or from such activities
   But self-defence or the defence of another is not a reasonable excuse
  

Although not explicitly listed in s 93IB, courts consistently apply the same reasonable excuse principles when interpreting both offences.

When Court May Show You Leniency

Even where no statutory excuse applies, courts may consider general circumstances and character factors, especially for first-time offenders or youth, in determining appropriate outcomes.

Defences we often raise include:

• Genuine work-related necessity (e.g. carpenter carrying a utility knife)
  
• Religious or ceremonial use (kirpan in public)
  
• Recreational purposes (fishing, camping)
  
• Being in transit while carrying a tool for legitimate use
  

We combine this with advocacy for Section 10 outcomes, such as:

• No conviction being recorded
  
• Good behaviour bonds
  
• Community service
  

📊 Why This Matters: Cases Are Rising

BOCSAR data shows a 30% increase in knife possession offences among under-25s between 2021–2023, especially in Western Sydney: Penrith, Blacktown, Mt Druitt etc.

Misunderstandings are common. Many think carrying a multi-tool pocket knife is harmless, but without a lawful excuse, police treat it as criminal. That’s why early legal advice from a knife possession charge lawyer Penrith is essential.

Real Case Example: Blacktown Local Court

Client: 22-year-old chef accused under s 93IB.
Claim: Knife found in car after late-night grocery run. He insisted it was stored safely in a tool roll for cooking at work.

Defence: Provided employment evidence, chef’s uniform, and receipts for a full day’s work.
Outcome: Prosecutor dropped the charge; no court hearing needed. Knife possession offence withdrawn.

Key Pitfalls to Avoid

• Self-defence is never enough under s 93IB or s 93IC; stating this will destroy a defence.
  
• Concealed carrying, even for innocent purposes, draws scrutiny.
  
• If police search was unlawful, a Section 138 evidence application may exclude the knife altogether.
  
• Age, prior convictions, or context (like near a school or train station) heavily influence sentencing.

Relevant Legislation & Penalties

• Crimes Act 1900 (NSW)
  
  
  • s 93IB – Custody of knife in public – max 4 years jail / $4,400 fine
    
  • s 93IC – Visible or threatening carry – max 4 years jail / $11,000 fine
    
• Crimes Act s 32 & s 14  General defences like necessity or duress
  
• Crimes (Sentencing Procedure) Act 1999 (NSW) Section 10  No conviction order options for minor or first-time offenders
  

Need a Defence Council Now?

Carrying a knife, even a small one, without a lawful excuse can seriously affect your future. At National Criminal Lawyers®, our knife offence lawyers in Penrith help clients across Sydney avoid convictions, obtain non-custodial outcomes, and explain how the law really works.

If you’ve been charged under s 93IB or s 93IC, don’t delay.

Call 1800 CRIM LAW or search for “reasonable excuse weapons charge NSW” to schedule a free appointment with a criminal defence lawyer near you.