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.