Offences Archive - Cityscape Lawyers

Unauthorised possession or use of a prohibited weapon: s 7 Firearms Act 1996 (NSW)

Section 7(1) of the Firearms Act 1988 (NSW) provides that a person must not use or possess a pistol or a prohibited firearm unless the person is authorised to do so by a license or permit. accordance with the conditions of the permit, otherwise charges may be laid under s 7(2).

Unauthorised possession or use of a prohibited weapon: s 7 Weapons Prohibition Act 1988 (NSW)

Section 7(1) of the Weapons Prohibition Act 1988 (NSW) provides that a person must not possess or use a prohibited weapon unless the person is authorised to do so by a permit. accordance with the conditions of the permit, otherwise charges may be laid under s 7(2).

Custody of a knife in a public place

When charged with this offence, you will either be issued with a ‘court attendance notice’ that requires you to attend court, or you will be issued with a ‘penalty notice’ that simply requires you to pay a fine. Police have a discretion to issue you with a ‘penalty notice’ if you have not previously been charged with any knife offences.

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

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.

Manslaughter – sections 18 and 24 of the Crimes Act 1900.

Section 18 (1)(b) of the Crimes Act 1900 defines manslaughter as a punishable homicide that is not punished as murder. Manslaughter is either voluntary or involuntary. Voluntary manslaughter is an alternative verdict that applies in certain circumstances where a jury would have found the accused guilty of murder, but for the availability of an alternative verdict.

Murder – s 18 of the Crimes Act 1900 (NSW)

Murder is an act of homicide whereby one person kills another person. Section 18 of the Crimes Act 1900, defines murder as an act or omission (eg. a failure to provide vital care) that causes death when accompanied by: an intention to kill another person; or an intention to inflict grievous bodily harm on a person; or reckless indifference to human life; or an attempt to commit or commit an offence carrying a penalty of at least 25 years. (This is known as constructive murder.)

Import-export border-controlled drugs or plants – Division 307 of the Criminal Code Act 1995 (Cth)

The importation or exportation of border-controlled drugs or plants is a Federal Offence that is defined in Regulation 300.2 of the Criminal Code Act 1995. Knowledge or recklessness that the substance imported or exported is a border-controlled drug is enough to warrant a conviction of the charge.

Manufacture and production of prohibited drugs – s 24 Drugs Misuse & Trafficking Act 1985 (NSW)

This is where a person either manufactures or produces a drug or knowingly takes part in the manufacture of a prohibited drug. The offence is aggravated when a child is exposed to the manufacturing, production or storing process, unless the health or safety of a child under 16 is not endangered.

Cultivating a Prohibited plant – s 23(1)(a) Drugs Misuse & Trafficking Act 1985 (NSW)

Cultivating a prohibited plant is a broad offence that captures a range of activities such as: planting or growing prohibited plants, sowing or scattering seeds of prohibited plants and tending, nurturing or harvesting a plant.

Organising a drug premises s 36Z Drugs Misuse & Trafficking Act 1985 (NSW)

This is a broad offence that captures a range of activity such as acting as a door attendant or guard who keeps watch for police or other persons, to acting in the systematic operations of keeping any drug premises (eg. building, aircraft, vessel, place). It is not necessary that drugs are located on the premises or on the person charged.

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