Penalties Sharpened for Possessing a Knife in Public

Penalties Sharpened for Possessing a Knife in Public
An example of knives and other weapons - which are to be banned by the British government - taken at a secure police location in England on Aug. 18, 2016. (PA)
AAP
By AAP
6/20/2023
Updated:
6/20/2023

Anyone wielding a knife in public in New South Wales (NSW) risks an $11,000 fine as the government promises to crack down on street violence.

Police Minister Yasmin Catley says a two-day operation targeting knife-related crime last month led to 172 people being charged with 565 offences and 294 knives seized.

She said the operation showed the determination of the government and NSW Police to get “these dangerous weapons off our streets”.

The NSW government introduced legislation to parliament on Tuesday amending the crimes act to include the offences of having a knife in a public place or school and wielding a knife in a public place or school.

These offences are currently dealt with under the summary offences act.

Attorney-General Michael Daley says the reforms strike the right balance and will send a strong message about the seriousness of knife-related crime.

“Too many people think it’s okay to carry a knife in the same way as we would pick up the pen and put it into our pocket when we go to work,” Daley said.

“If they are open to carrying it, then they’re probably open to using it, and when they do, someone will get hurt or worse.”

The move will mean the maximum jail term for those offences will increase from two to four years.

The maximum fine for possessing a knife will increase from $2200 to $4400 and for wielding a knife to $11,000.

The reform comes two months after 29-year-old paramedic Steven Tougher was stabbed to death while on a meal break at McDonald’s in Campbelltown in Sydney’s southwest.

His death shocked the community and devastated his family, colleagues and pregnant wife, Madison, who gave birth to their second child last month.

The Health Services Union called for reform following his death.

“These are commonsense reforms,” HSU spokesman Gerard Hayes told AAP.

“The fewer knives on the streets, the lower the chance of horrific crimes being perpetrated.”

In the two years until April 2023, more than 7,000 knives were seized by police, according to the NSW Bureau of Crime Statistics.

Between October 2018 and September 2022, there were almost 4000 NSW court appearances by people accused of having a knife in public.

Under the proposed reforms, criminal justice diversion mechanisms for young people and first-time minor offenders will be retained.

The offences of possessing a knife and wielding a knife will be Table 1 offences, meaning they will be tried summarily unless the prosecution or defendant elects otherwise.

A penalty infringement notice can still be issued to an adult for a first offence for knife possession, which means the person would not need to attend court.

Children and young people will still be eligible to receive a caution or referral to youth justice conferencing where appropriate.