Do you have a Lawful Excuse to possess a Weapon?
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What Does It Mean to Claim Lawful Excuse?
If you have been charged with possessing a weapon, you may be able to raise the defence of lawful excuse. Section 8 of the Control of Weapons Act 1990 (“CWA”) provides that the defence of lawful excuse can be used in certain situations. According to Section 72 of the Criminal Procedure Act 2009 (“CPA”), this defence is valid if you can establish, on the balance of probabilities, that your possession of the weapon was for a lawful purpose.
What Constitutes a Lawful Excuse?
Section 6 of the CWA outlines what may be considered a lawful excuse for possessing a weapon. This includes:
- Engaging in lawful employment, duty, or activity;
- Participating in lawful sports, recreation, or entertainment;
- The legitimate collection, display, or exhibition of weapons.
However, it is crucial to understand that self-defence is not considered a lawful excuse under this Act.
Factors and Defences to Consider:
When preparing your defence, key factors to examine include:
- Whether the weapon was possessed or carried for a legitimate purpose under the CWA;
- The specific circumstances of your case, such as the context in which the weapon was found and your intention for possessing it;
- The evidence supporting your claim of lawful excuse, including any witnesses or documentation that may demonstrate your compliance with the Act.
Where Will My Case Be Heard?
Cases involving a claim of lawful excuse under Section 8 of the Control of Weapons Act 1990 will be heard in the Magistrates’ Court of Victoria.
Testimonials
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St Kilda, Victoria 3182
1800 130 120
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Michael Sunderland from MK Law handled my matter with professionalism, respect, and genuine care. It was clear that he genuinely cared about gett... Read MoreMichael Sunderland from MK Law handled my matter with professionalism, respect, and genuine care. It was clear that he genuinely cared about getting the best result possible, and his preparation and courtroom presence reflected that commitment. Michael’s professional demeanour and respectful conduct, both with me and within the court, gave me the utmost confidence I was in the right hands. He clearly explained the process, kept me informed, and made me feel confident throughout. The outcome was far better than I expected, thanks to his expertise and strategic approach. I’m truly grateful for his support and wouldn’t hesitate to recommend him. Read Less55/5
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I cannot thank Michael Sunderland from MK Law enough for the way he handled my case. From the very beginning, Michael was highly professional, kno... Read MoreI cannot thank Michael Sunderland from MK Law enough for the way he handled my case. From the very beginning, Michael was highly professional, knowledgeable, and thorough in every aspect of the process. He took the time to explain everything clearly, which gave me great comfort and confidence throughout what could have been a very stressful time. Michael’s expertise and guidance reassured me that I was in the best hands, and his calm and confident approach made a huge difference to my peace of mind. He was always approachable, responsive, and dedicated to achieving the best possible outcome for me. I would highly recommend Michael Sunderland to anyone seeking a lawyer who is not only exceptionally skilled but also genuinely cares about his clients. Read Less55/5
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I would like to sincerely thank Ashleigh for her exceptional support and professionalism during a very difficult time in my life. From the first m... Read MoreI would like to sincerely thank Ashleigh for her exceptional support and professionalism during a very difficult time in my life. From the first meeting, she was calm, respectful, and clear about what I could expect. She never judged me, always listened carefully, and explained every step of the legal process in a way that made me feel supported and confident. Ashleigh handled my case involving a traffic offence with care and honesty. She gave me solid advice, helped me prepare all the right documents, and even guided me on how to speak respectfully in court. Because of her help, I was able to present myself properly before the judge and achieve a much better outcome than I expected. What really stood out to me was her genuine concern for my future. She didn’t treat me like “just another case.” Ashleigh is not only a skilled lawyer — she is also a kind person who truly cares about her clients. I highly recommend Ashleigh to anyone in need of legal help. She is trustworthy, professional, and goes above and beyond for her clients. Thank you again for everything. Read Less55/5
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I would like to highly recommend Michael Sunderland. Michael took on my matter from another lawyer that was not able to represent me at the time. ... Read MoreI would like to highly recommend Michael Sunderland. Michael took on my matter from another lawyer that was not able to represent me at the time. Michael was well prepared, taking onboard all the information, with communication all the way. He clearly explains all the outcomes and was by my side every step of the way. A genuine caring lawyer that has your best interest. Read Less55/5
What happens next?
After being charged, your next steps will involve engaging legal representation, attending court, and presenting your defence. Your lawyer will assist in gathering evidence, negotiating with the prosecution, and advocating on your behalf in court. The outcome will depend on the strength of your lawful excuse and the evidence presented in your favour. Contact MK Law today on 1800 130 120 for excerpt advice to achieve your best success in the circumstances.
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au