Possess a Prohibited Weapon

THINGS YOU NEED TO KNOW:

1. Possess a prohibited weapon is a serious indictable offence under Section 7 of the Weapons Prohibition Act 1998 (NSW).
2. A number of defences against a conviction of Possess a prohibited weapon are available.
3. The maximum penalty available to the Court for the criminal offence of Possess a prohibited weapon is a term of imprisonment of 14 years.
4. Possess a prohibited weapon matters are heard in the Local Court and District Court.
5. Criminal Lawyers Group are the leading criminal law firm in NSW for obtaining not guilty verdicts and the withdrawal of charges for clients charged with the criminal offence of Possess a prohibited weapon.

The criminal offence of Possess a prohibited weapon can have serious consequences. Contact our award-winning expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.

WHAT IS THE CRIMINAL OFFENCE OF POSSESS A PROHIBITED WEAPON?

Section 7 of the Weapons Prohibition Act 1998 (NSW) constitutes it a criminal offence for a person to possess a prohibited weapon unless the person is authorised to do so by a permit.

Furthermore, a person who holds a permit to possess a prohibited weapon is guilty of the criminal offence of Possess a prohibited weapon if the person:

• Possesses the prohibited weapon for any purpose otherwise than in connection with the purpose established by the person as being the genuine reason for possessing the weapon, or
• Contravenes any condition of the permit.

WHAT IS THE PENALTY FOR THE CRIMINAL OFFENCE OF POSSESS A PROHIBITED WEAPON?

Section 7 of the Weapons Prohibition Act 1998 (NSW) prescribes a maximum penalty of 14 years imprisonment for anyone convicted of the criminal offence of Possess a prohibited weapon.

Other penalties available for a conviction of the criminal offence of Possess a prohibited weapon include a Suspended Sentence, Intensive Corrections Order (ICO), Community Corrections Order (CCO) and a Good Behaviour Bond. The Court may also order a Section 10 Dismissal with No Conviction Recorded.

WHAT IS A PROHIBITED WEAPON?

To best understand the criminal offence of Possess a prohibited weapon, it is important to know what constitutes a prohibited weapon.

Section 4 of the Weapons Prohibition Act 1998 (NSW) defines a prohibited weapon as anything defined in Schedule 1 of the Weapons Prohibition Act 1998 (NSW), which lists prohibited weapons in the categories of:

• Knives: Examples include dart projectors, maces and flails.
• Military-style weapons: Examples include bombs, grenades, rockets, missiles and mines.
• Miscellaneous weapons: Examples include a crossbow (or any similar device) consisting of a bow fitted transversely on a stock that has a groove or barrel designed to direct an arrow or bolt.
• Imitations, concealed blades etc: Examples include a bowen knife belt or any other similar article consisting of a belt or belt buckle that conceals or disguises within the article a knife or a single-edged or multi-edged blade or spike of any length or of any material.
• Miscellaneous articles: Examples include silencers or any other device designed for attachment to a firearm for the purpose of muffling, reducing or stopping the noise created by firing the firearm.

WHAT DOES THE PROSECUTION NEED TO PROVE?

You will beat a Possess a prohibited weapon charge if the prosecution cannot prove beyond reasonable doubt that you committed any of the following:

• Possessed a prohibited weapon without the authorisation of a permit.
• Held a permit and possessed the prohibited weapon for any purpose otherwise than in connection with the purpose established by you as being the genuine reason for possessing the weapon, or
• Held a permit and contravened any condition of the permit.

WHAT ARE THE DEFENCES AGAINST GUILT FOR THE CRIMINAL OFFENCE OF POSSESS A PROHIBITED WEAPON?

Duress: You may defend a Possess a prohibited weapon charge on the defence of duress, which is that you committed the offence due to a threat of death or serious harm against you or your family, with the threat being so severe that a person of ordinary firmness would be unable to resist and you could not have rendered the threat ineffective.

Necessity: The defence of necessity may be used to defend against a charge of the criminal offence of Possess a prohibited weapon in circumstances where the criminal offence must have been done in order to avoid certain consequences which would have inflicted irreparable evil upon you or upon others whom you were bound to protect.

Did not possess the weapon: That you did not possess the weapon as alleged by the prosecution.

Authority to possess: That you were authorised by virtue of a permit to possess the weapon.

Other defences may be available to you depending on the specific circumstances of your case. Contact Criminal Lawyers Group now so that we may analyse the defences available to you based on the circumstances of your case.

WHAT ARE SOME EXAMPLES OF THE CRIMINAL OFFENCE OF POSSESS A PROHIBITED WEAPON?

Examples of actions that may constitute the criminal offence of Possess a prohibited weapon include, but are not limited to:

• You had a crossbow in your car which you were holding onto for your friend and for which you did not have a licence to possess.
• You possessed in your garage a flame thrower that is of military design or any other device that is capable of projecting ignited incendiary fuel, without the licence to possess it.
• You possessed a taser gun and have a permit to possess it but contravened a condition of the permit.

WHAT FACTORS WILL AFFECT PUNISHMENT IF CONVICTED OF THE OFFENCE OF POSSESS A PROHIBITED WEAPON?

If you are convicted of the criminal offence of Possess a prohibited weapon, the court may consider a number of factors that will determine the punishment you receive, including but not limited to:

• Early guilty plea
• Circumstances of the offence, including any aggravating factors
• Criminal history, particularly involving weapons offences
• Character references
• A letter of apology or affidavit demonstrating remorse
• Your likelihood of reoffending
• Any assistance you give to authorities

WHAT COURT ARE POSSESS A PROHIBITED WEAPON OFFENCES HEARD IN?

The criminal offence of Possess a prohibited weapon is heard in the Local Court and District Court.

If the matter is finalised in the Local Court, the maximum penalty available is a maximum term of 2 years imprisonment.

Our expert criminal lawyers have a wealth of experience in obtaining the best outcomes in criminal matters across all levels of courts in NSW, including Possess a prohibited weapon offences in the Local Court and District Court.

WHAT ARE YOUR OPTIONS?

When facing a Possess a prohibited weapon charge, you have several options in court. These include:

PLEADING NOT GUILTY: Whether you are advised to plead not guilty or not, you have an inherent right to test the prosecution case by challenging the prosecution’s evidence, and fight for your acquittal. There are risks associated with this option and our experienced lawyers will always advise you of these factors.

PLEADING GUILTY: In some cases, you may be guilty of the charge, but the facts may be in issue, or you may be guilty of a lesser charge and not the charge that police have laid.

NEGOTIATE A PLEA DEAL: We may negotiate with the prosecution to request that the charge is withdrawn, downgraded or fact sheets amended, depending on the circumstances of your case.

CONTACT CRIMINAL LAWYERS GROUP NOW

This page contains general information and is not to be taken as legal advice.

For quality and award-winning legal advice, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may analyse your case and secure the best possible outcome for you.