What is armed with intent to commit an indictable offence?

This is where a weapon is located on your person and there is an intention of committing an indictable offence.

This is a serious offence that is normally dealt with in the District Court.

s 114 of the Crimes Act 1900 provides four separate instances of this offence:

  • If you are armed with a weapon or instrument and intend to commit an indictable offence; or
  • if without lawful excuse, there is in your possession a safebreaking, housebreaking or car breaking equipment in your possession; or
  • if your face was disguised with the intention of committing an indictable offence; or
  • if you enter or remain in or upon any part of a building with the intention of committing an indictable offence.

Being armed with a weapon means:

  • the weapon or instrument is considered dangerous or offensive; and that
  • you have immediate physical possession of the weapon or instrument.

“Dangerous weapon” means:

  1. a firearm, or an imitation firearm, within the meaning of the Firearms Act 1996 , or
  2. a prohibited weapon within the meaning of Schedule 1 of the Weapons Prohibition Act 1998 , such as

‘flick-knives, sheath knives, ballistic knives, bombs, spearguns, crossbows, slingshots (except homemade and for use by a child engaging in play), a laser pointer with an output of more than 1 milliwatt, blowpipes, dart guns, whips, kung fu sticks, batons, flame throwers, tasers, studded gloves, handcuffs, body armour vests, grenades, rockets, missiles and mines in the nature of explosives or incendiaries, devices capable of administering electric shocks, and any device capable of discharging any irritant matter.’ or

  1. a spear gun.

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