In a high-visibility operation in Blacktown on 31 July 2025, NSW Police seized a 50cm "zombie knife" from a 17-year-old boy and recovered another knife allegedly discarded by a 19-year-old man during a brief foot chase. Both individuals were arrested and charged with possession of a prohibited weapon without lawful authority. The teenager was granted conditional bail to appear before the Children's Court, while the 19-year-old was refused bail and is due to reappear at Blacktown Local Court.
Prohibited Weapons
Under the Weapons Prohibition Act 1998 (NSW), certain knives, including zombie knives, are classified as prohibited weapons. Possessing a prohibited weapon without a valid permit is a serious indictable offence, carrying a maximum penalty of 14 years imprisonment.
Additionally, the Crimes Act 1900 (NSW) criminalises possession of an offensive weapon with intent to commit an indictable offence or resist arrest, carrying penalties of up to 12 years. This dual legal framework reflects the law's focus on both potential harm and intent, recognising that weapons like zombie knives pose elevated risks to public safety.
What is a Zombie Knife?
On 28 February 2019, amendments to the Weapons Prohibition Act 1998 (NSW) formally classified "zombie knives" as prohibited weapons. Under the Act, a zombie knife is defined as a knife or device that possesses a multi-edged blade, which may include a serrated section, and which satisfies one or more of the following criteria:
- It is advertised, marketed, or otherwise made available in a manner that suggests it is intended for use in committing acts of violence, whether actual or threatened, against a person or against a fictional creature (for example, a "zombie"); or
- The knife bears inscriptions, markings, or imagery on its blade or handle that indicate it is designed or intended to be used for violent purposes, whether actual or threatened, against a person or a fictional creature, or it has been previously used to inflict injury.
This legislative amendment reflects the law's intent to proactively address weapons specifically designed or presented in a manner that promotes their use in violent conduct, recognising the heightened risk such items pose to public safety.
Understanding Intent and Risk
What makes cases involving prohibited weapons particularly nuanced is the interplay between possession and intent. While mere possession of a zombie knife is an offence, charges may be escalated if the prosecution can demonstrate that the weapon was intended for use in committing a crime. For criminal defence, this distinction is critical: possession alone does not automatically prove an intent to harm.
Courts consider several factors when assessing risk and culpability, including:
- The circumstances of possession (e.g., on the street, in a vehicle, at home)
- Any evidence suggesting planned use in an offence
- The defendant's age, maturity, and awareness of the weapon's prohibited status
- Whether the defendant was coerced or acting under duress
Defence strategies often focus on challenging assumptions about intent, demonstrating lawful or inadvertent possession, or arguing a lack of foreseeability regarding potential harm.
Need Legal Assistance?
If you or someone you know is facing a traffic offence, speak with our Blacktown Criminal lawyers.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.