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Dangerous Conduct With Weapon Prohibited Generally

What the law says

Sections 58 of the Weapons Act Queensland states:

  1. In this section-
    weapon includes-
    • (a) an antique firearm, explosive tool, captive bolt humane killer, spear gun, long bow or sword; and
    • (b) a replica of a weapon; and
    • (c) a replica of a thing mentioned in paragraph (a); and
    • (d) an explosive and
    • (e) a slingshot or shanghai
  2. A person must not-
    • (a) without reasonable; and
    • (b) by the physical possession or use of a weapon;
    • engage in conduct, alone or with another, likely to cause-
    • (c) death or injury to a person; or
    • (d) unlawful destruction or damage to property; or
    • (e) alarm to another person.

Principles and Object of Act

  1. The principles underlying this act are as follows-
    • (a) weapon possession and their use are subordinate to the need to ensure public and individual safety;
    • (b) public and individual safety is improved by imposing strict controls on the possession of weapons and requiring the safe and secure storage and carriage of weapons.
  2. The object of this act is to prevent the misuse of weapons.

How object is to be achieved for firearms

The object of this Act is to achieved for firearms by-

  • (a) prohibiting the possession and use of all automatic and self loading rifles and automatic and self loading shotguns except in special circumstances; and
  • (b) establishing an integrated licensing and registration scheme for firearms; and
  • (c) requiring each person who wishes to possess a firearm under a licence to demonstrate a genuine reason for possessing the firearm; and
  • (d) providing strict requirements that must be satisfied for-
  • (i) licences authorising possession of firearms; and
  • (ii) the acquisition and sale of firearms; and
  • (e) ensuring that firearms are stored and carried in a safe and secure way

What the police must prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

  1. The accused had physical possession or use of a weapon.
  2. The accused engaged in conduct alone, or with another person likely to cause death, injury, unlawful destruction or damage to property or alarm to another person

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Maximum penalty

The Maximum penalty is 100 penalty units or 2 years imprisonment

Which court will hear the matter

This matter is can only be dealt with in the Magistrates Court.

Possible defences

Possible defences to this offence include but are not limited to

  1. The accused had a reasonable excuse to have physical possession of the weapon.
  2. The behaviour was unlikely to cause death or injury to a person or destruction or damage to property; or alarm another person.
  3. The accused had lawful permission to damage or destroy the property.
  4. The accused did not have a weapon.

Criminal Law Article written by Bill Potts (a Queensland criminal defence lawyer who is experienced in Dangerous Conduct with weapon prohibited generally matters)

 

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