Custody of a Knife in a Public Place

Custody of a knife in a public place is a serious offence.  Get the best criminal lawyer Sydney on your defence team.  We consistently get clients the best results for weapons charges including knife offences.

Custody of a Knife in a Public Place Criminal Defence Lawyers Sydney 

Custody of a knife in a public place is the least serious of the offences involving weapon. This is unsurprising. The police have been known to charge people who are found with knives from their kitchen draw in their custody. Our criminal lawyers often beat these charges. They argue our clients had a lawful reason for having the knife, including (not surprisingly) for preparing food.

Custody of a knife in a public place is an offence for which there are many defences.  Police will often withdraw if there is no evidence the knife was in your possession for a malicious purpose and you are a person of prior good character.

If you intend to plead guilty our criminal lawyers often have custody of a knife charges dismissed without convictions being recorded. Read more about having no conviction recorded.

How do I beat a charge of Custody of a knife in a public place?

You will be found not guilty of the offence of Custody of a knife in a public place if the police cannot prove beyond reasonable doubt:

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

It is a reasonable excuse for a person to have custody of a knife, if they have custody of the knife for:

  • The lawful pursuit of the person’s occupation, education or training,
  • The preparation or consumption of food or drink,
  • Participation in a lawful entertainment, recreation or sport,
  • The exhibition of knives for retail or other trade purposes,
  • An organised exhibition by knife collectors,
  • The wearing of an official uniform,
  • Genuine religious purposes, or
  • The custody is reasonably necessary in all the circumstances during travel to or from or incidental to an activity referred to above.

It is not a reasonable excuse for a person to have custody of a knife solely for the purpose of self-defence or the defence of another person.

Pleading guilty to knife possession offences

If you agree that you have committed the offence and the police are able to prove so, it is best to plead guilty. You will normally receive a discount on your sentence, and it will demonstrate remorse and contrition. Our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts, or even a less serious charge.

Custody of a knife in a public place carries a maximum penalty of two years imprisonment and/or a fine of $2,200.00.  These penalties are typically reserved for the worst offenders. Our solicitors have a proven track record of having the offence dealt with by way of section 10, meaning no conviction will be recorded.

You can read about all the sentencing options that a court has, including about having no conviction recorded.

Do I need references if attending court for a knife possession charge?

We believe references are an extremely important part of a plea of guilty in court. Find out more about court processes and references.

Why choose Australian Criminal Law Group to defend my weapons charge?

Australian Criminal Law Group is home to some of Sydney’s best criminal lawyers.

Our criminal lawyers are experts at obtaining the best outcome possible for Custody of a knife. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or jail. 

To discuss your charge of Custody of a knife, call Australian Criminal Law Group at our Sydney, Parramatta, and Blacktown offices, make a website inquiry call us on (02) 8815 8167 or email us at

Case Study

Mr Correy represented a young man whom police had found with a knife in his car. Mr Correy provided evidence to the police that the knife had been used for a fishing trip, and the police withdrew the charge.

Case Study

Australian Criminal Law Group represented a client with a lengthy criminal history. He had been found with a knife in his possession “for self-defence” while on a good behaviour bond. Our solicitor argued that the client had no history of violence and his current job had employed him on that basis despite his then criminal record. It was argued a conviction for this offence could impede his future employment prospects. The Magistrate agreed and dismissed the matter pursuant to section 10 without recording a conviction.

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