What is Custody of a knife in a public place ?

Being in custody of a knife in a public place or a school is an offence.

Case law/Jurisdiction
An offence of Custody of a knife is what is known as a Summary Offence under the relevant legislation, which means it is to be dealt with in the Local Court.

What must the prosecution prove?

Since custody of a knife is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove the Accused’s guilt beyond reasonable doubt.

To establish custody of a knife, the prosecution must prove each of the following matters beyond reasonable doubt:

  • You had in your custody a knife;
  • At the time you were in a public place or a school; and
  • It was without reasonable excuse

The Law

The offence is found under S 11C Summary offences Act 1988 (NSW) which reads:

A person must not, without reasonable excuse (proof of which lies on the person), have in his or her custody a knife in a public place or a school.

If you are charged with the offence of CUSTODY OF KNIFE what are your options?

National Criminal Lawyers (NCL) have been successful in defending a large number of Custody of a knife charges where the prosecution could not establish each of the elements of Custody of a knife. We have also achieved a number of non-convictions for Custody of a knife charges.

NCL offer the following options for those who have been charged with Custody of a knife:

  1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended ;
  2. NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that prosecution has not proven its case beyond reasonable doubt;
  3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing)with the view of having you sentenced less harshly; and/or
  4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Fequently Asked Questions

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. Your best chance to get the result you’re after

We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.

2. How a Senior Defence Lawyer Can Help You Deal With Criminal Charges

No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.

If you have been charged with custody of knife in a public place, our Team and National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.

Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.

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