Other Articles as Weapons

The introduction of section 8 of the Weapons Act introduced a new offence not previously part of the criminal law of Western Australia.  It deals with articles that are not firearms, prohibited weapons or controlled weapons and when these articles can become weapons.

The offence

There are some exceptions but in essence an offence is committed where -

1.            a person carries or possesses an article;

2.            with the intention of using it (whether or not in self defence);

3.            to -

a.            injure or disable any person; or

b.            cause any person to fear that someone will be injured or disabled by that use.

Then what follows is statutory presumption that arises in relation to the intention element of the offence.  The intention for the purposes of the offence can be presumed if -

a.            the circumstances give reasonable grounds for suspecting that the person had the intention; and

b.            the contrary is not proved.

The penalty

Penalty: imprisonment for 2 years and a fine of $24 000.

The dwelling exemption

But no offence if it is at the person's dwelling for the purpose of using it in lawful defence in circumstances that the person has reasonable grounds to apprehend may arise.

The business exemption

A person who has the immediate control of a business does not commit an offence under section 8(1) if the person carries or possesses the article at a part of the business premises -

(a)          that is not in the view of the public; and

(b)          to which the public does not usually have access,

for the purpose of using it in lawful defence at the business premises in circumstances that the person has reasonable grounds to apprehend may arise.