VIC Criminal Law - Will I be Prosecuted?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Jack Li

Member
1 February 2018
1
0
1
Hi,

So I recently purchased an automatic folding knife from China. When it was mailed to Australia, it was seized by the Australian Customs. I’m just wondering if I let them destroy the item, will I still be prosecuted by court under Criminal Law?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
Unlikely. A one-off item that is a small weapon often just results in confiscation. If you were to do it too often then it may be different. I don't know what number is 'too often'.
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
No, you won't be prosecuted for that. Buying knives isn't illegal anywhere in Australia.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
Though importing dangerous weapons is illegal.

I know someone who a few years ago had a non-bladed item confiscated by customs. No fine received.
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
It's still not illegal to import knives. You just have to have police certification.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
It is illegal to import knives without certification. OP doesn't mention he has certification, which by its onerous nature would likely to have been mentioned in the initial post. My assumption of being illegal stands.

I was correcting your first post where you said it is not illegal. I was pointing out that is not a correct statement and there is a possibility, though a small/remote possibility he could be prosecuted. I haven't checked the regs to see if he crossed any kind of threshold to warrant prosecution but it is highly unlikely based on his initial post.
 
Last edited:

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,935
820
2,894
Sydney
No, you won't be prosecuted for that. Buying knives isn't illegal anywhere in Australia.
Possessing certain kinds most certainly is.
And automated action knives are prohibited imports
 

Clancy

Well-Known Member
6 April 2016
973
69
2,289
Yea, i think it depends if there are any other red flags - criminal record, other illegal import attempts.

Does the knife have the look of something a street thug would think was cool? Or does it look more like something a chef would think was cool? Both can be illegal but one is going to attract far more interest from authorities than the other.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,935
820
2,894
Sydney
Agreed, although I am not sure that Border Force is all that tuned in to what's "cool" in street-think.

In this case, it's the automated action that makes this particular knife a problem.
Fixed blades are typically not a problem, be they a fruit knife or a broadsword.
 

Clancy

Well-Known Member
6 April 2016
973
69
2,289
Agreed, although I am not sure that Border Force is all that tuned in to what's "cool" in street-think.

In this case, it's the automated action that makes this particular knife a problem.
Fixed blades are typically not a problem, be they a fruit knife or a broadsword.

They should know whats 'cool' ... as in a knife which obviously has the appearance of being designed to be an intimidating weapon, as opposed to a knife that clearly has the appearance of being designed to be used in the kitchen or camping out.