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Stick-ing point – defining defending

By weeziepops - 6 May 2009 42

Following some of the postings about crime in the ‘burbs recently, I have taken to accessorising my usual walking equipment of one staffy and/or one mastiff with a sturdy stick. 

I was striding along confidently when a person decided to pull up in their car and shout out at me that it was illegal for me to carry this “weapon”. 

Weapon?  It’s a fecking stick! 

I would only employ it as a defensive measure if accosted by a bully or if I ever happen to meet the owner of the two yappy pomeranians who torment me so regularly. 

Is there a rule about what means a person can take to have something handy should they need to defend themselves?  I understand I can’t lug a gun around with me, but where is the line drawn?

What’s Your opinion?


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42 Responses to
Stick-ing point – defining defending
burkes08 10:44 am 06 May 09

Yep, as long as you give a different reason for carrying the stick eg, for throwing to the dog, you are all good.

I keep a 6 cell mag lite in my car “in case I break down in the dark”

The Brad 10:42 am 06 May 09

Carry a tennis racket/baseball bat and a tennis ball….for the purpose of hitting the ball for your dog, and not at all for the fact that it makes a better designed weapon than a stick.

TAD 10:40 am 06 May 09

All you need is a reasonable excuse. So obviously yours is to fend off other dogs who decide to attack you or your dog.

Don’t worry about it.

p1 10:40 am 06 May 09

I like my 4D Maglites.
“If I walk the dog after dark without a torch I am likely to injure myself” is a pretty reasonable excuse,

And if it is day time, you could always say that you are concerned about fog.

RAGD 10:39 am 06 May 09

That definition of offensive weapon pretty much means anything in your hand can be an offensive weapon, even a maglites.

But what kind of stick was it? A branch of a tree? or a cut off broomstick? I think a branch might be seen different to a broomstick or axe handle.

p1 10:38 am 06 May 09

…or capable of being used, for
causing injury to or incapacitating a person…

So clearly it comes down to intent, since people frequently venture out with all manor of items capable of causing injury, eg motor cars.

So long as the stick is long enough to be used as a walking stick, and that is the only reason you give for carrying it, you should be fine IMHO.

Skidbladnir 10:37 am 06 May 09

I like my 4D Maglites.
“If I walk the dog after dark without a torch I am likely to injure myself” is a pretty reasonable excuse, consdering that the nearest off-lead area is scrub.

Ozhair 10:35 am 06 May 09

Meh, you’ve got the staffy and/or mastiff with you. What else are you gonna throw for them to fetch 😉

The guy who yelled at you, he didn’t look like a gutless tuggie-thuggie scared that the populace were starting to stick up for themselves, did he?

peterh 10:33 am 06 May 09

just wander along hefting a brick. if asked, you are saving for a house.

niftydog 10:24 am 06 May 09

Not sure about that, BerraBoy – it’s all about intent according to the Crimes Act. Also, given it’s not spring at the moment I’m sure using that defence would make for a very entertaining conversation with Mr Plod.

Much better to take a 4xD Maglite with you, that’s at least somewhat more plausible than faking a gammy knee!

380 Possession of offensive weapons…

A person who, without reasonable excuse, has in his or her possession, in a public place, in circumstances likely to cause alarm, an offensive weapon… is guilty of an offence punishable, on conviction, by a fine of $1 000, imprisonment for 6 months or both.

381 Possession of offensive weapons… with intent

(1) A person who has on his or her person an offensive weapon… in circumstances indicating intent to use the weapon or substance to commit an offence involving actual or threatened violence, is guilty of an offence punishable, on conviction, by a fine of $2 000, imprisonment for 1 year or both.

offensive weapon means—
(a) anything made or adapted for use, or capable of being used, for
causing injury to or incapacitating a person; or
(b) anything intended for that use by the person who is carrying it
or otherwise has it in his or her possession;

weeziepops 10:16 am 06 May 09

#2 – heh heh. Hope I see them again tonight…

gingermick 10:13 am 06 May 09

“Speak softly and carry a big stick; you will go far.” – Theodore Roosevelt.

BerraBoy68 10:10 am 06 May 09

AS long as the stick isn’t adorned with nails you’re OK. After all, many people carry a stick bushwalking or even just walking around Canberra in Spring to fend off magpies.

Hells_Bells74 10:10 am 06 May 09

Now you have a third reason to carry a stick – People shouting crap from cars.

caf 10:06 am 06 May 09

I’m pretty sure you’d be OK carrying one of those 4 D-cell maglites, if you were so inclined.

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