Consider the following hypothetical situation:
Assignment 2
Consider the following hypothetical situation:
In response to increasing violence in Darwin, the Northern Territory government introduced new legislation into the Legislative Assembly to attempt to curb the problem. At the second reading speech of the Concealable Weapons Bill the Minister said:
The Government has recognised the ever-growing problem of violence associated with dangerous and concealable weapons in certain areas of the Northern Territory. In response to community concern the government has introduced this Bill to provide stiff penalties for people found with concealable weapons on their person, or those who use such concealable weapons to cause harm. However the government recognises that some people may have legitimate reasons to carry such weapons and there is a mechanism to allow for that.
The Bill gained assent from the Administrator and was Gazetted on 1 June 2022.
Concealable Weapons Act
An Act to reduce concealable weapons in the community
1. Short Title
This Act may be cited as the Concealable Weapons Act.
2. Definitions
concealable means reasonably capable of being concealed.
harm means physical harm to a person by cutting, stabbing or wounding that person.
possess includes having custody, control or power.
weapon means a firearm, knife, spear or other item.
3. Offence to possess a concealable weapon
It is an offence to be in possession of a concealable weapon whilst in the vicinity of a public place.
Penalty: $5000 fine or 2 years imprisonment.
4. Offence to transport a concealable weapon into the Northern Territory
It is an offence for a person to transport into the Northern Territory a concealable weapon.
Penalty: $2000 or 1 year imprisonment.
John is returning from a trip to Thailand. In Thailand he purchased some ornamental brass knuckles (brass knuckles are pieces of metal, shaped to fit around the knuckles and designed to deliver the force of punches through a smaller and harder contact area). On arrival at Darwin Airport, on 10 June 2022, he declares he is not carrying any weapons. On a search by Customs he is found with the brass knuckles in his suitcase. He states they are a paper-weight and not a weapon. He is not believed and is charged with a breach of section 4 of the Act.
Advise (with reference to the principles of statutory interpretation and using IRAC) as to Johns possible liability under the Act.
Betty is of a nervous disposition. One day she decides to order a small can of self defence pepper spray from the internet, designed to be carried in a ladys purse. She doesnt have a credit card to make the order so asks if she can borrow her friends credit card. On 11 June 2022, Betty fills out the order form with her friends details. The spray is ordered in her friends name, it is delivered to her friend who gives it to Betty. A week later Betty is stopped by police in a public car park. On a search of her hand bag the police find the can of pepper spray. Betty is charged with breaches of sections 3 and 4 of the Act.
Advise (with reference to the principles of statutory interpretation and using IRAC) as to Bettys possible liability under the Act.
Please answer using the IRAC method. Discuss statutory interpretation law only, do not discuss issues of criminal liability (eg mens rea, defences to criminal liability, etc), do not discuss constitutional law or any other area of law except statutory interpretation.
1000 words. Due date: Sunday 23rd October 2022.
