Charges
Custody of a knife in a public place or school
Crimes Act 1900 (NSW) s 93IB. This replaced Summary Offences Act 1988 s 11C, which was repealed in 2023.
What is the maximum penalty for custody of a knife in public in NSW?
Maximum penalty. 40 penalty units or imprisonment for 4 years, or both. The Judicial Commission Local Court Bench Book lists s 93IB as 40 penalty units or 2 years in the Local Court, with 4 years as the maximum on indictment.
A maximum is the ceiling the law sets for the worst category of case. It is not what a court is likely to impose, and it is not a prediction about any particular matter.
What the charge covers
A person must not have a knife in their custody in a public place or a school. It is a defence if the accused proves they had a reasonable excuse, and the section lists examples including work, education or training, preparing or eating food, lawful sport or recreation, trade or collector exhibitions, an official uniform, and genuine religious purposes, plus travel to or from those activities. Self-defence or defence of another person is expressly not a reasonable excuse.
Where these figures come from
Every figure on this page was taken from the legislation or the Judicial Commission of New South Wales, not from secondary summaries:
Legislation changes. Figures are general as at publication; confirm the current position with a lawyer.
This page is general information about NSW law, not legal advice about your matter. Whether a charge can be defended, and what a court is likely to do, depends on the evidence and the circumstances.
Related charges
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