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Control of use of dangerous articles
ADLA member for - VIC
Written by
Kristina Kothrakis
Criminal Defence Lawyer
Weapons Offences - VIC
The Law - Control of use of dangerous articles
What the Law states - Control of use of dangerous articles
Control of Weapons Act 1990 - SECT 7
Control of use of dangerous articles7. Control of use of dangerous articles
(1) A person must not in a public place possess or carry a dangerous article without lawful excuse.
(1A) A person who is in licensed premises or in a public place that is in the immediate vicinity of licensed premises must not possess or carry a dangerous article without lawful excuse.
(2) In this section lawful excuse includes-
(a) the pursuit of any lawful employment, duty or activity; and
(b) participation in any lawful sport, recreation or entertainment; and
(c) the legitimate collection, display or exhibition of the article; and
(d) the use of the article for the purpose for which it is designed or intended-
but does not include possession or carriage of a dangerous article for the purpose of self-defence.
(4) In considering whether a person has a lawful excuse to possess or carry a dangerous article, the court must have regard to the circumstances, such as time and location, of the incident.
Maximum Penalty in Victoria
(1) 6 months / 60 penalty units
(1A) 1 year / 120 penalty units
What the Prosecution must prove - Control of use of dangerous articles - Vic
1. A person possessed or carried a dangerous article.
2. They did not have a lawful excuse.
3. In the case of (1A), a person was in a licensed premises or a public place in the vicinity of a licensed premises.
Possible Defences - Control of use of dangerous articles
1. Factual dispute.
2. Lawful excuse.
3. Lack of necessary intent.
Which court will hear the charge of Control of use of dangerous articles
Magistrates Court
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
