Our expert criminal lawyers for custody of a knife in a public place offences can help you:
- Obtain bail.
- Be found not guilty.
- Receive a lenient sentence, like no conviction and no prison.
You will be represented by a team of award-winning criminal lawyers, with 500+ five-star Google reviews, who offer fixed fees and free first consultations.
You can read our reviews here.
Custody of a Knife in a Public Place
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.
Pleading not guilty
You will be found not guilty of the offence of Custody of a knife in a public place if the police cannot prove beyond a 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.
You can read more information about pleading not guilty here.
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
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 four years imprisonment and/or a fine of $4,400. These penalties are typically reserved for the worst offenders.
You can read about all the sentencing options that a court has, including not having a conviction recorded here.
You can read more about pleading guilty here.
Do I need references?
We believe references are an extremely important part of a plea of guilty in court. Read about court processes and how to write a good character reference.
Contact Australian Criminal Law Group
Our criminal lawyers, with 500+ five-star Google reviews, can beat your Custody of a Knife in a Public Place charge or obtain a lenient sentence for you if you plead guilty.
Call us on (02) 8815 8167 for your free first conference or submit a website enquiry.
Case Studies
Knife charge withdrawn
Our lawyer represented a young man whom the 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.
No conviction recorded
Our lawyer 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.