Director of Public Prosecutions (ACT) v Graham

This matter came before the Supreme Court of the Australian Capital Territory as a reference appeal by the Director of Public Prosecutions (ACT) against a ruling made by a judge of that court. The dispute concerned the interpretation of a provision within the *Crimes Act 1900* (ACT) relating to offensive weapons.

The central legal issue before the Full Court was whether the phrase "likely to endanger human life or cause a person grievous bodily harm" as it appears in section 27(3)(c) of the *Crimes Act 1900* (ACT) referred to the inherent characteristics of the weapon itself, or to the potential consequences of its use.

The Court determined that the phrase in question relates to the use of the offensive weapon, not its inherent nature. This interpretation was based on a textual analysis of the provision, which indicated that the likelihood of danger or harm was contingent upon how the weapon was employed. Consequently, the Court answered the reference question in favour of the Director of Public Prosecutions, holding that the phrase refers to the use of the offensive weapon.