NSW Criminal Law on the Possession of Samurai Swords?

[tanya]

Another incident with neighbours from hell.

While doing my study at home tonight, my neighbour came to my front gate yelling abuse. He's yet again intoxicated and threatening to cut my throat while I sleep. His "mate" confronts him and tells him to leave me alone, the neighbour is now furious with his "mate".

I told him to f- off home. He goes home and comes out with a sword. He then chases this so called "mate" down the road with the sword. I decided it was time to call the police cause this neighbour is quite unpredictable, especially since he's an ice user.

I told the police what happened and they make sure that I'm alright. They then head off to the neighbour's. 10 minutes later, they're in their cars and leaving. Nothing's been done. I thought they would at least confiscated the sword.

I know you are allowed to own a sword in NSW without a permit, but what if you try to attack someone with it? This neighbour and I are going to court next month because he committed assault against me (he was already on a bond when he assaulted me). I have to be there to back up the police cause he's pleading not guilty.

I have a statement against him from a neighbour who saw him assault me. I didn't touch him back, of course. All I want to know is why they didn't confiscate the sword. My 13-year-old son was witness to the entire incident.

This crap has been going on for years and apparently the police are powerless.

Any help under Criminal Law would be appreciated. I'm going insane.

 

[Sophea]

Hi Tanya,

Metal edged swords aren't illegal in NSW however they are in VIc.

 

[Gorodetsky]

Hi Tanya,

"The police are powerless"? What a joke. The police can't be bothered.

Maybe they can't take the sword, but how about drunk and disorderly if he's been charged with assaulting you then his bail conditions have been breached. " have no contact with the victim or witnesses". Bail breach is a criminal offense. Has he been charged with assault? Or are you telling us half the story?

They could seize the sword for "evidence" if they wanted...

"This has been going on for years"? Because the police let it, not because they are powerless.

I recommend you make a formal complaint about police failure to uphold the law if you want the abuse to stop. You'll have to make more than one complaint before they actually do anything.

Good luck

 

[Piers Blomfield]

The person should have been charged with armed with intent and the sword taken as an exhibit. Address a formal complaint to the Commander of the Local Area Command with a failure to properly investigate.

 

[James19801]

I think before people get carried away here with making complaints 'willy nilly' you should contact the local area command and find out results of what happened. You say you saw the officers leave 10 minutes after arriving, how do you know what action was taken?

I think Gorodetsky is letting his personal opinions of police influence his comments. If there was insufficient action taken in relation to this then you are well within your grounds to make a complaint.

 

[Gorodetsky]

Hi James19801,

You are correct. I have posted my opinions, which were formed from personal experience of police failing to uphold the law.

If the police who attended had informed Tanya what action they were taking, she would at least be aware. They are meant to inform her what action they are taking, aren't they? It's just that they usually just slip away when they don't intend to do anything, right?

On re-reading Tanya's post she says he is pleading not guilty...which suggests he was charged..which would make this a bail breach, for someone already on a good behaviour bond...and the dudes intoxicated too...totally OK to leave it there and drive away without speaking to their witness who was just harrassed...

They aren't doing anything because they didn't go back and ask her for a statement...or even ask her to drop into the cop shop and give a statement.

They brushed her off.

If she phones and asks the officer in charge, he'll say "not enough evidence to charge him". Yeah, because the cops didn't take any statements, write any notes, or collect the sword.

I'm not a solicitor, and I'll certainly give way to help Mr Blomfield. But from Tanya's post, it seems like they just can't be bothered.

A complaint will leave a record. They know that if Tanya gets assaulted again (or worse) there's a bit of paper that says she complained about him and then complained that they didn't arrest him. A few complaints and they'll decide to enforce the law.

Just my opinion, and personal experience, of course.

Regards

 

[James19801]

Gorodetsky,

I understand you have had a bad experience with the police but the tone of your 'opinion' is one-sided and frankly immature. For example, the fact you say they'll only take action if they've had complaints is not true.

I think you mean well, but maybe you should stop seeing all police as the enemy based on your limited, or maybe not so limited experiences. My experiences with police have been good and have found the overwhelming majority to be dedicated, hardworking and caring people, but I work in a role that deals with them on a weekly basis.

I enjoy reading these forum posts as I find the content is well written and the recommendation to posters is thoughtful and knowledgeable. I hope this forum doesn't turn into a similar thread in which I stopped reading a couple of years ago (aussielegalforum).

 

[Gorodetsky]

Hi james19801,

I'm glad your experiences with police are positive.

I'm concerned Tanya's experience has not been positive.

I note that you are critical of my tone, my one-sided view and my immaturity (and perhaps my thoughtlessness and lack of knowledge), but do not criticise the actual substance of my post. Perhaps you actually don't like that I'm making reasoned and informed arguments that the police are not doing their job?

Tanya says she's going to court soon as a witness about the dude assaulting her, so at least something got done, right?

You suggest that I see all police as the enemy. I don't. I don't even see police who don't do their job as "the enemy". I can give help to someone about how to apply pressure to police who don't do their job to do their job. (Make formal complaints!)

I note you've only made 2 posts on this forum. I note that you joined yesterday especially to do so. Perhaps you are actually a police officer. I had criticism from police officers on the aussielegal forum. It seems some coppers like to troll around the internet and don't like dissenting views. Take what happened to Greens Senator Jenny Leong.

I'm sorry if you don't like what I'm saying.

Regards

 

[James19801]

I've been reading this forum for the past year. Yes, I joined yesterday. I just felt the need to comment on your post as your posts are relatively new to the forum and I disagree with the way you write certain opinions.

I work with children under the Guardianship of the Minister. I often have a need to contact police to assist with BehaviouraI issues that are synonymous with these kids. I took issue with the language you write. I note you previously accused other people on the Aussie Legal forum of being trolling cops when they took issue with your posts.

Once again, not everyone is out to get you Gorodetsky. Your poor experience is not the same as everyone else. All I suggest is to offer opinions that are useful and well thought out.

My understanding of the Jenny Leong issue was that she posted a photograph of 'Police State' drug detection dogs on public transport to further her political agenda. When this was picked up by the broader media and some comments were made criticising this (some by police and done by non-police) she used it to again further her agenda by complaining to the Ombudsman.

I have no issue with you or other posters making complaints about the police, that's fine. All I'm saying is this should be done when it's warranted. Not as a general rule of thumb. I see from your previous posts your default position is to tell people to make a complaint or say "they don't like to investigate", or "it's not uncommon for them to say there's no evidence". I find these statements immature and unhelpful.

I think if an inexperienced person who's been charged by police or is dealing with the police used this attitude it may be more damaging than helpful.

Once again I say that I think you're trying to help but all I'm saying is please be more thoughtful before posting as I and I'm sure other readers don't want this site to become a mud flinging social media page. It's currently a useful and informative forum with experienced help given.

 

[Gorodetsky]

Hi again.
Tanya, I want to apologise for the thread being "hijacked".

I got home today and read this in the news:
Kelly Thompson: Murdered woman's mother says police failed to take domestic violence seriously - ABC News (Australian Broadcasting Corporation)

I feel sick. I'm really sorry to have carried on with this drivel, while your doing the suburban terror thing.

I guess you've been stressing and doing court or getting ready to do court. I hope your doing OK. I hope the court thing fixes it...

Do something Tanya. Don't accept the situation. Don't wait for the police. Move out. Get a 6foot kickboxer friend to move in. Hire a security guard. Don't accept police inaction. Ask your boss for help. Call a different cop shop. Buy a baseball bat (the metal type) and practice with it.

Just don't do nothing. Do something.

James19801 - that's your take on the Jenny Leong harassment? And you say I have a one sided view of things?
Greens MP Jenny Leong demands action over claims of racist Facebook comments from police - ABC News (Australian Broadcasting Corporation)

Police officer suspended over 'racist' Jenny Leong Facebook posts - ABC News (Australian Broadcasting Corporation)

I think we're done here james19801.

Regards