Law Information - Public Order Offences - TAS

Being armed in public

Date: 09/01/2009

The Law -

Criminal Code Act 1924  SECT 78

78. Being armed in public

Any person who goes armed in public without lawful occasion in such a manner as to alarm the public is guilty of a crime.

What the prosecution must prove - Being armed in public

(a) the accused is correctly identified as the offender

(b) the accused was armed

(c) the accused had no lawful excuse

(d) the accused alarmed the public

The Maximum Penalty for Being armed in public is

The maximum term of imprisonment is 21 years, or fine, or by both such punishments, and will be determined by the judge as he/she think fit in the circumstances of each particular case.

Possible Defences - Being armed in public

(a) Duress

(b) Factual dispute

(c) Honest and reasonable mistake or belief

(d) Identification dispute

(e) Lack of intent

(f) Mental impairment

(g) Necessity

The Court process - Being armed in public

Supreme Court