Beware!!!! This could happen to any of us at any time.

[banshee]

I was pulled over many moons back with 4 knives, (a bowie included) and balaklava in the car. Took my name and suggested I put the knives elsewhere, end of story. I find if you act like a **** you usually get treated like one.

Knife laws changed in 2011.Don't know about QLD,but in NSW it is illegal to carry a knife unless you have a genuine need to have it on you at the time.I have sold replacement knives to two farmers in their sixties who bought their stockman's to town in a pouch on their belt and had them confiscated.I have personally witnessed a delivery driver who was cutting wrapping off a pallet to deliver our order lose his Leatherman Wave because the cop thought it way over the top,after protesting the cop told him to 'get a box cutter'.He took this further only to be told the police mans discretion is basically final.I believe Vic laws are even tougher again.I carry an Opinel No 6 and use it every day at work,if I'm searched between work and home I will probably lose it.So you don't need to have attitude to fall foul of the law.

[Whoofa]

Read the relative legislation from the Weapons act. This is whee the charge wording comes from. The charging officer needs to be able to prove the elements of the offence. The facts of charge written in the court brief cover all the elements of the offence and also negate any possible defences and that no lawful or emergent reason was given as to why the knife was in the vehicle. The relative legislation clearly states examples of what is considered lawful, and every police officers knows this. As for the comment that the officer charged the person to further his career, this is a simple offence. Not a career changing stat. The charges that are more serious are called indictable offences, and these are the charges that officers need if they wish to apply for plain clothes, investigating type roles.

51 Possession of a knife in a public place or a school

(1) A person must not physically possess a knife in a public place
or a school, unless the person has a reasonable excuse.
Maximum penalty—40 penalty units or 1 year’s
imprisonment.

(2) It is a reasonable excuse for subsection (1) to physically possess a knife—
(a) to perform a lawful activity, duty or employment; or

[s 51]

Weapons Act 1990

Part 4 Possession and use of weapons

Current as at 1 July 2014 Page 85

(b) to participate in a lawful entertainment, recreation or

sport; or

(c) for lawfully exhibiting the knife; or

(d) for use for a lawful purpose.

Example for subsection (2)(a)—

1 A person may carry a knife on his or her belt for performing work

in primary production.

Examples for subsection (2)(b)—

1 A scout may carry a knife on his or her belt as part of the scout

uniform.

2 A person may carry a knife as an accessory while playing in a pipe

band.

3 A fisher may carry a knife for use while fishing.

Example for subsection (2)(c)
—

1 A person who collects knives may exhibit them at a fete or another

public gathering.

Examples for subsection (2)(d)
—

1 A person may use a knife to prepare or cut food at a restaurant in a

public place or when having a picnic in a park.

2 A person may carry a pen knife or swiss army knife for use for its

normal utility purposes.

(3) However, it is not a reasonable excuse to physically possess a

knife in a public place or a school for self-defence purposes.

(4) Also, it is a reasonable excuse for subsection (1), to the extent

the subsection relates to a public place, to physically possess a

knife for genuine religious purposes.

Example
—

A Sikh may possess, in a public place, a knife known as a kirpan to

comply with the person’s religious faith.

(5) However, it is not a reasonable excuse to physically possess a

knife in a school for genuine religious purposes.

[Moonlighter]

I have shown this post to several serving and past police officers. Every one of them said one word.

Attitude.

Don't know what that means? It is the difference between getting a warning, a talking to, or charged. Give the police officers a mouthful, and don't cease doing that when warned, and push the point, and push the point, and get real smart arsed, and abuse the officers, and guess who loses? It is not rocket science.

Giving the Police attitude is about as smart as arguing with a referee.

[GraemeW]

Knife possession incident published on front page on local newspaper (Fraser Coast Chronicle 18-10-2014)

Link >> http://www.frasercoastchronicle.com....sight/2423834/

As published in FCC.

Fisherman fined $300 for carrying knife in car

KEEN fishers are being warned to keep their knives in their tackle boxes or risk having to explain themselves in court.
It comes after an aspiring soldier narrowly escaped a criminal conviction for forgetting to pack away a knife after a fishing trip.

It's a story Hervey Bay police Acting Sergeant Richard Whatman is all too familiar with and one which he warns will nearly always have an unhappy ending if the owner of a knife cannot provide a "relevant reason" for having it in public.
On Friday, he stressed the hardline approach was not about ruining the fun for recreational fishers but an attempt to rid those with sinister intentions of a potentially deadly weapon.
The Hervey Bay Magistrates Court was told Jay Leslie Daniel, who was charged with possession of a knife in a public place, found himself on the wrong side of the law during a roadside breath test earlier this year.
A knife stashed under the driver's seat, a passenger with bloodshot eyes, and the presence of a maroon wig and heavy black jackets in the backseat caused police to suspect Daniel may have committed an unlawful act, despite the discovery of a tackle box in the boot.
Daniel's lawyer John Willet said all could be easily explained because the wig had been used for a State of Origin party, carrying jackets was standard in the middle of winter, the passenger had been welding - welding marks could be seen underneath the car - and his client had simply forgotten to remove the knife from the car after a fishing trip.
Magistrate Graham Hillan accepted the knife had probably been used for fishing but said the law was clear and fined Daniel $300.
Sgt Whatman said many fishers and hunters did not realise they were committing a crime by carrying a knife.
He said all knives should be stored, "safely and out of the public eye" and warned keeping them under seats or in door side pockets was "not good enough" and would attract a charge which carries hefty fines and up to one year in jail.

[randell]

Had a tidy up of the boot.
I had a cane knife, trying to get some sugar cane for my little girl.
I got my machette back after my cousin borrowed it to do gardening.
My wiltshire fishing knife hasn't got a sheath so I don't put it in my fishing bag as it will cut it.
A couple of oyster knives, the blunt ones.
cheers
randell

[Apollo]

I always keep a cheap fishing rod behind the back seat of the ute along with a set of longnose pliers, knife and some tackle in a little bag. Always there for a sneaky fish if opportunity arises. Not hard to explain my way if needed. Agree with having the right attitude.

[SkullJug]

I have shown this post to several serving and past police officers. Every one of them said one word.

Attitude.

Don't know what that means? It is the difference between getting a warning, a talking to, or charged. Give the police officers a mouthful, and don't cease doing that when warned, and push the point, and push the point, and get real smart arsed, and abuse the officers, and guess who loses? It is not rocket science.

Giving the Police attitude is about as smart as arguing with a referee.

When I was eighteen I got pulled over for a breath test and hadn't had anything to drink. I decided to act like I was drunk and when the machine blew 0.00 I expressed the opinion that "that thing's f#cked officer".

I won't tell the rest of the story, except to say I learnt a very important lesson.... attitude is definitely important when dealing with police officers.

[pipifin]

I would think that a 22 yr old bloke with an untidy car is less suspicious than one that is tidy.

[Lovey80]

"Safely out of the public eye" WTF do you call under the seat of a car? SGT Whatman you are an A grade A Hole.

[the gecko]

PLeading guilty was the real mistake here. By the looks of Whoofas post, fishing is a valid reason for carrying a knife. You could represent yourself and get off with that info. Thats real bad luck that you didnt see that info before your mates son plead guilty. The judge had no choice but to give you the minimum fine.

Red eyes at the breatho says a lot about why the cops targetted him. It sounds like they thought him guilty of something else but had no evidence, so they looked for a misdemeanour.

[Whoofa]

Hey Gecko, absolutely correct. When the defendant pleads not guilty, the prosecutor will request a full brief of evidence from the arresting/charging officer in which the officer is required to put the available evidence forward. This brief is available to the defendant to see what evidence the officer has. The evidence is required to prove beyond a reasonable doubt that the offence has occurred, and that ALL defences are negated such as the fact that the knife was not used for fishing etc.

[rayken1938]

http://www.abc.net.au/news/2013-10-3...summit/5057354
Cheers
Ray

[aussiebasser]

http://www.abc.net.au/news/2013-10-3...summit/5057354
Cheers
Ray

I'm glad I'll be in Darwin that weekend. Every nutter will be out and about.

[bluefin59]

Yep same here we are heading south with the camper and kayak , Matt

[rayken1938]

Gotta feel sorry for the people who still have to go to work in town whilst its on.It will be a real pain getting into town,
Cheers
Ray