Under Section 93FB of the Crimes Act 1900 (NSW) it is an offence to possess a dangerous article other than a firearm in a public place.

Dangerous Articles

A dangerous article under this section includes:

• Any item capable of discharging irritant substances (in liquid, powder, gas, or dense smoke form).
• Any substance capable of causing bodily harm.
• A fuse that can be used with an explosive or detonator.
• A detonator.
• A distress signal or flare that emits a bright light.

Penalties

The maximum penalty for this offence is 2 years imprisonment. Penalties can include a fine of 50 penalty units or both.

Defences

A person may have a defence to the charge if they can show:

• They had a reasonable excuse or a lawful purpose for possessing the item, or
• The item was possessed for self-defence, and it was reasonable in the circumstances to have it for that purpose.

Considerations

When assessing reasonableness, the court will consider:

• How immediate the perceived threat was,
• The time, place, and circumstances in which the item was possessed,
• The type of item possessed, and
• The age, characteristics, and experiences of the person charged.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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