Criminal Defence, crime

Possession of Knife in Public Place: Section 93IB of the Crimes Act 1900 (NSW)

Possession of Knife in Public Place: Carrying a knife in public, even unintentionally, can lead to serious criminal charges in New South Wales. Under section 93IB of the Crimes Act 1900 (NSW), it is an offence to have custody of a knife in a public place or school without a reasonable excuse.

This law applies to everyday settings such as shopping centres, public transport, parks, and school grounds. It is strictly enforced by NSW Police through proactive search operations.

What Is Section 93IB?

Section 93IB of the Crimes Act 1900 (NSW) makes it an offence to carry a knife in a public place or school without a lawful excuse. The term “knife” includes any blade, whether foldable or fixed, including pocketknives.

A person caught with a knife in their possession must demonstrate that they had a reasonable excuse. For example, work, preparation of food, or genuine recreational purposes like fishing or camping.

Read our other successful Criminal Case Studies.

What Are the Penalties for Possession of Knife in Public Place?

The maximum penalty is 4 years imprisonment and/or a fine of 40 penalty units, which currently amounts to $4,400. While first-time offenders may avoid jail, a conviction can still have long-lasting effects on;

employment,
renting a property,
obtaining a visa,
travel,
and reputation.

Common Defences to Knife Possession Charges

Some valid defences to knife possession include:

The knife was being used for lawful work-related purposes.
The person was unaware the knife was in their possession (e.g., accidentally left in clothing or bag).
The knife was being used for a lawful recreational activity (e.g., fishing or camping).
The person was carrying it as part of a costume or performance.

Each case depends on its facts, and the court will consider the circumstances surrounding the possession.

Case Study: Knife Possession Charge Dismissed in Court

In one recent case, our client Barry* was charged after police found a pocketknife in his trousers during a search at a shopping centre. He had used the knife the night before to open wine boxes and had forgotten to remove it before leaving for work.

After presenting detailed submissions highlighting his good character and the accidental nature of the incident, the court dismissed the charge without recording a conviction.

You can read the full case study here.

*We always change details in our case studies to protect client confidentiality.

Charged with Possession of Knife in Public Place?

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.