Armed with intent to commit indictable offence – Section 114  of the Crimes Act 1900

The maximum penalty for this offence is imprisonment for seven years, or two years if dealt with in the Local Court. 

Please note that such a penalty is reserved for the most serious cases only.

This option is recommended only where you accept that:

• You were armed with a weapon; and
• Intended to commit an indictable offence (and not a less serious one) by your act or omission. It must be foreseen as an inevitable consequence of your act or omission. (This is enough to give rise to intention even if the act or omission was not intended.)

A plea of guilty at the first available opportunity entitles you to a maximum sentencing discount of 25 per cent. It also demonstrates to the court that you have accepted responsibility for your actions.

What possible outcomes exist when being found guilty?

• A non-conviction via a section 10 – asking the court for leniency
  • Leniency is where the court has found you guilty, but has exercised a discretion not to convict you. Therefore, you will avoid:
    • a fine or a penalty.
    • a conviction
• Conditional release order “CRO” (with or without conviction)
  • This is usually subject to a period of good behaviour.
  • If an offence is committed during the period of the order, a court may resentence you for the offence committed.
• Community Corrections Orders (“CCO”)
  • A court may exercise this option when aggravating circumstances exist. An example of an aggravating circumstance includes a repeat offence.
  • An example of a CCO is performing service within the community.
• Intensive Corrections Order (“ICO”)
  • This is where a term of imprisonment can be served in the community.
• Full-time imprisonment
  • Served in a correctional facility.

To prove the charge of use or possess unauthorised weapon, the Prosecution must establish that:

• You were armed with a weapon; and
• Intended to commit an indictable offence by your act or omission (and not a less serious one). It must be foreseen as an inevitable consequence of your act or omission. (This is enough to give rise to intention even if the act or omission was not intended.)

If the Prosecution cannot prove all of the above elements beyond reasonable doubt, then the court must find you not guilty.

Defences

• Self-defence
  • This defence applies if you hold a permit and found yourself in a situation where you needed to defend yourself, your property or another person.
• Necessity
  • the use of the weapon was necessary to prevent serious injury, danger or a greater harm from occurring.
• Duress
  • Another person coerced or threatened you into using or possessing a weapon.
• You did not form an intention to commit an indictable offence 
  • EG. Intoxication as a result of drugs and/or alcohol.
• The instrument is not a prohibited weapon within the meaning of the Act.