Hi,

I am from Melbourne,VIC and I feel unsafe with the recent spate of violence especially the unprovoked stabbings. I work late night shifts and sometimes have to travel by train.

I am thinking of buying an expandable police baton, easily available to purchase (and better than carrying a knife) for protection.

In one of the forum discussion topics, I read the following:

7. Controlled weapons

(1) Except as provided in section 10, a person who, without a lawful excuse, carries or possesses a controlled weapon commits an offence.

Penalty: $4 000 or imprisonment for one year.

(2) Except as provided in section 10, a person who has a lawful excuse to carry or possess a controlled weapon commits an offence if the person carries or possesses it in a manner that could reasonably be expected to cause someone ¾

(a) to be injured or disabled; or

(b) to fear that someone will be injured or disabled.

Penalty: $4 000 or imprisonment for one year.

(3) In this section a lawful excuse to carry or possess a controlled weapon does not include the excuse that the weapon is carried or possessed for defence.

(4) Subsection (3) does not apply to a controlled weapon of a kind prescribed for the purposes of this subsection as long as it is carried or possessed in such circumstances, if any, as the regulations may prescribe.

(5) Regulations under subsection (4) may apply generally or to a particular person or class of persons.

But in the weapons regulations it specifically refers to spray as being able to be carried for defence if it can be reasonably foreseen that the person may need it for that purpose.
Also, the person has the burden of proof for that lawful excuse.

And yes, they sell them here in army surplus stores etc

I am assuming it is the same thing if caught with an expandable police baton, the only reason is to protect myself or use it is self defense when or if god forbid somebody plans to attack me.

Please advice.

Thanking you sincerely,
BJ

Hi BJ,

I have read your post and I got the same concern as well since I will start my job at night shift soon. I haven't get any reply from my friends about this issue, perhaps most of the people don't know anything about this.

I'm wondering that have you found the answer from other sources already?

If you have, will you mind to share to with me?

Hope to hear from you soon, thank you.

Best Regards

Chris

Mate, I realize that this is probably a bit late and in all likelihood you've already bought yourself an ASP baton or something similar.

However, if you haven't already then I would STRONGLY advise against it.

A baton can easily become an instrument of lethal force, especially if you haven't been trained in how to use one. If you inflict grievous bodily harm on someone, or worse yet, cause them to die (easy enough to do in the heat of the moment with something like an ASP baton), you will be entirely criminally responsible because you have no lawful excuse for carrying such a weapon.

The only way you might escape this responsibility is if the assailant is threatening lethal force against you, but it's a slippery slope.

There is a special exemption for OC Spray by virtue of its inherently defensive nature. By which I mean: OC Spray is not a lethal force option in itself. Unless of course you sprayed someone then clubbed them too!

Working late shifts and traveling home alone does provide you with a lawful excuse to carry OC Spray, but under no circumstances should you carry a baton of any de_script_ion.

I hope this helps in some way.

Hi,

I think weapon is for self protection.Unless & until it is very useful when somebody attack you.But most important point is keep the weapon with you after licensing from court.

Take care

http://www.armysurplus365.co.uk/