Client Avoids Conviction After Possession of Knife in Public Place Charge: Sydney resident, Barry*, was stopped by police during a proactive knife search operation. After this, he faced the possibility of a criminal conviction for carrying a small pocketknife in public. Thanks to the strategic criminal defence by our team at O’Brien Criminal & Civil Solicitors, Barry’s charge was dismissed without a conviction. This helped ensure his career and reputation remained intact.
Accused of Possession of Knife in Public Place in Sydney
Our client, Barry, was a professional worker. One day, he was stopped by NSW Police during a proactive search at a train station.* Officers discovered a small pocketknife in his pocket. Barry explained it had been used at home the night before to open boxes, and he innocently forgot about it and accidentally left it in his jeans.
Despite no intent to use the knife for any unlawful purpose, he was charged under section 93IB of the Crimes Act 1900 (NSW): Custody of a Knife in a Public Place.
How Our Criminal Defence Lawyers Defended the Knife Possession in Public Place Charge
O’Brien Criminal & Civil Solicitors were engaged to defend Barry at his sentencing hearing in Downing Centre Local Court. The team crafted persuasive submissions supported by strong character material. Key arguments included:
- The innocent and accidental nature of the incident;
- Barry’s unblemished criminal history in Sydney and New Zealand;
- A strong employment history with a reputable international company;
- And glowing character references from colleagues and community members.
It was also stressed that a conviction would unfairly damage Barry’s professional standing.
Read our other successful Criminal Case Studies.
Court Dismisses Knife Charge Without Conviction
The Magistrate was satisfied that the matter warranted leniency and dismissed the charge under section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW). This meant no conviction was recorded, allowing Barry to retain his clean criminal record and professional reputation.
Charged with Possession of Knife in Public Place? We Can Help.
Being charged with carrying a knife in public, whether accidental or not, can lead to serious consequences. However, with the right legal support, it’s possible to avoid conviction and protect your future. If you’re facing a charge of possession of a knife in a public place, speak to our expert criminal defence team today.
Enquire online or call O’Brien Criminal and Civil Solicitors on (02) 9261 4281. We can also set up a free appointment with the civil lawyers in our Sydney office.
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*We always change details in our case studies to protect client confidentiality.