Being Armed with Intent

CHARGED WITH BEING ARMED WHILE PLANNING A CRIME? HERE’S WHAT YOU NEED TO KNOW.

WHAT IS THE OFFENCE OF BEING ARMED WITH INTENT?

Section 114 of the Crimes Act 1900 (NSW) makes it a criminal offence to have any weapon or dangerous article with the intent to commit an indictable offence.

This means you can be charged if you carry or possess:

• A firearm, knife, or other weapon
• Any instrument or article capable of causing injury
• Dangerous tools or devices

with the purpose of committing a serious crime, such as robbery, assault, or break and enter.

The law does not require that the offence was actually committed — it’s enough that you had the intent and were armed.

WHAT IS THE MAXIMUM PENALTY?

The maximum penalty for being armed with intent to commit an indictable offence is:

⚖️ 7 years imprisonment

Courts treat this offence seriously due to the increased risk of violence and harm posed by being armed during the commission of a crime.

EXAMPLES OF BEING ARMED WITH INTENT

Common scenarios include:

• Carrying a knife while intending to rob a person or business
• Possessing a firearm with intent to commit a burglary
• Having a crowbar or similar tool with the purpose of breaking into a premises
• Being armed with a weapon while planning an assault or other serious offence

COMMON DEFENCES TO BEING ARMED WITH INTENT

Possible defences include:

• No intent to commit an indictable offence: You had the weapon but no plan or intention to use it unlawfully.
• Lawful possession: You had a legitimate reason to carry the item (e.g., lawful work-related tools, licensed firearms).
• Lack of knowledge: You were unaware that you were in possession of the weapon or article.
• No dangerous article: The item was not capable of causing injury or was not a weapon.
• Duress or coercion: You were forced to carry the weapon against your will.

Each defence depends on the facts, so detailed legal advice is essential.

WHAT WILL THE COURT CONSIDER WHEN SENTENCING?

If convicted, the court will take into account factors such as:

• The type and nature of the weapon or article
• Your criminal history and previous convictions
• Whether the weapon was used or intended to be used violently
• The circumstances of the offence, including whether anyone was harmed
• Evidence of remorse or rehabilitation efforts

GET EXPERT LEGAL HELP NOW

Being charged under Section 114 is serious and can lead to significant penalties. If you are facing allegations of being armed with intent to commit an indictable offence, it’s crucial to seek experienced legal representation immediately.

Our skilled criminal defence lawyers can help you understand the charges, assess your defences, and fight for the best possible outcome.

📞 Call us on (02) 8815 8177
📧 Email: info@criminallawyersgroup.com.au
🌐 Visit: www.criminallawyersgroup.com.au

CRIMINAL LAWYERS GROUP – PROTECTING YOUR RIGHTS AND FUTURE.