In Queensland, the Weapons Act prohibits someone from physically possessing a knife in a public place without reasonable excuse. ‘Public place’ includes a vehicle in a public place.
In a recent decision[1], a Magistrate refused to convict a man who was charged after two hunting knives were found concealed within his vehicle. In considering the evidence, the Magistrate distinguished possession from physical possession; what constituted a reasonable excuse; and the responsibility of the prosecution to negate reasonable excuses as they are raised.
A weapons conviction can carry serious consequences. It can affect ‘Blue Card’ holders – Qld’s Working with Children Check, as well as delaying or ruining opportunities for employment. If you have any questions about the Weapons Act[2] or if you have been charged with weapons offences, call Fisher Dore Lawyers for advice and representation.
- Queensland Police Service v Pitt [2021] QMC 4
- Weapons Act 1990 Qld, Section 51 – Possession of a knife in a public place or school
- Photo credit: Liana Horodetska
