Tools, Boxes and CUTtricks

After having to work the last day of the year, out client was looking forward to the New Year celebration out on the town. What he didn’t plan on was a scuffle breaking out between his friends, and another group of men. Our client waded in to try and defuse matters, but the area was quickly swarming with police officers, requiring everyone to provide their personal details. Our client panicked and tried (rather unsuccessfully) to run from police. He was eventually arrested and his belongings searched – when asked by officers why he had a box cutter in his man bag, he told them the truth – that he uses a box cutter to open boxes at his workplace, a tool retailer, and he had forgotten to take it out of his bag before he headed out for the night. The officers took the view that our client had been armed with a dangerous or offensive weapon in a public entertainment area, and charged him with an offence under section 68B of the Criminal Code. We reviewed the body worn camera footage and advised our client that we were confident that the available evidence could not satisfy the legal test for a dangerous or offensive weapon. Our submission to the prosecution was accepted within days and the charge was discontinued, with our client awarded costs by the court.