Possess or Use Prohibited Weapon Offences
What is Possess or Use of a Prohibited Weapon?
This is a very serious offence which involves possessing or use of a prohibited weapon.
Possess or Use Prohibited Weapon & The Law
Possessing or use of a Prohibited Weapon is an offence under Section 7 of the Weapons Prohibition Act 1998.
What is a Prohibited Weapon?
A Prohibited Weapon can include:
A flick, ballistic, sheath, trench, butterfly or star knife
A flame thrower
A grenade or a bomb
Schedule 1 of the Weapons Prohibition Act 1998 contains a comprehensive list of what is defined as a Prohibited Weapon.
What the Prosecution need to Prove (Beyond a Reasonable Doubt):
The accused possessed or used a prohibited weapon; and
The accused did not hold a permit allowing for the possession or use of that weapon; or
The accused did not have a valid reason for the possession or use of the weapon even with a permit; or
The accused breached a condition of the permit in the possession or use of the prohibited weapon.
Going to Court – “What am I looking at?”
Possessing or using a prohibited weapon is treated very seriously by the Courts and carries a maximum penalty in the Local Court of 2 years imprisonment.
However, in circumstances where the Director of Public Prosecution chooses to elect the matter, and have it transferred to the District Court due the seriousness of the offence and any aggravating features, the maximum penalty can be up to14 years imprisonment.
Lawyer Call – here to help...
Contact our experienced team of Defence solicitors to obtain appropriate and honest legal advice regarding the prospects of defending this charge and the best course to proceed when going to Court.
Alternatively, if a plea of guilty is more appropriate in the circumstances, our Lawyer call Defence Criminal solicitors have in-depth preparation in gathering and analysing specific medical and supporting documentation to assist your case and make relevant sentencing submissions addressing the early plea of guilty, the nature of the prohibited item, the circumstances of the offence, as well as any subjective factors that will present an overall picture to achieve the best possible outcome before a Magistrate and obtain a more lenient sentence.