Understanding Weapons Offences in Victoria
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A Legal Overview
If you’ve been charged with a weapons offence in Victoria, it’s important to understand the implications and the legal framework around these charges. Weapons offences are governed by the Control of Weapons Act 1990, and penalties can range from fines to imprisonment.
It is vital to seek legal representation if you face a weapons charge. The specialist lawyers at MK Law are equipped to help you, and tailor a defence strategy that will aid you in your quest for a fair and just outcome.
Types of Weapons Offences:
Under the Control of Weapons Act 1990, the law differentiates between three key categories of weapons:
1. Prohibited Weapons:
These are weapons that are illegal to possess, manufacture, or distribute without special exemptions.
Examples include switchblades, daggers, or knuckledusters.
2. Controlled Weapons:
These are weapons that can be legally owned or carried under certain conditions, such as kitchen knives, spear guns, and batons, but possessing them without a lawful excuse can result in a criminal charge.
3. Dangerous Articles:
These include any item that has been adapted to be used as a weapon or carried with the intent to harm, like a broken bottle or a hammer.
Penalties for Weapons Offences:
The penalties for carrying weapons depend on the category of the weapon and the circumstances surrounding the offence:
- Prohibited Weapons: Carrying or possessing a prohibited weapon can result in a penalty of up to 240 penalty units or two years imprisonment.
- Controlled Weapons: Possessing a controlled weapon without a lawful excuse carries a maximum penalty of 120 penalty units or one year imprisonment.
- Dangerous Articles: Carrying a dangerous article with the intent to use it as a weapon can lead to a penalty of 60 penalty units or six months imprisonment.
In licensed venues, the penalties for possessing any of these weapons increase significantly.
Firearms and Imitation Firearms:
The Firearms Act 1996 deals with firearm offences, but if you are charged with carrying an imitation firearm (a replica that could be mistaken for a real gun), the Control of Weapons Act 1990 applies. This is a serious offence, and penalties include significant fines and imprisonment.
Prohibited Weapons: Section 5 Offences:
Section 5 of the Control of Weapons Act 1990 addresses prohibited weapons. This includes offences like manufacturing, selling, purchasing, or possessing these weapons. Penalties under this section can be severe, with imprisonment for up to two years or fines as high as 240 penalty units. However, there may be defences available, such as exemptions under sections 8B and 8C of the Act.
If you’re facing a charge under Section 5, it’s crucial to seek expert legal advice to evaluate whether the prosecution can prove all the elements of the offence, and whether any legal exemptions apply to your case.
Controlled Weapons: Section 6 Offences
For controlled weapons, Section 6 of the Control of Weapons Act applies. This section covers the possession, carrying, and use of controlled weapons without a lawful excuse, and prohibits the sale or purchase of these weapons by or to children. Penalties for these offences range from fines of up to 120 penalty units to imprisonment for up to one year.
A lawful excuse might include using the weapon for work, sports, or lawful recreational activities. However, self-defence is not considered a lawful excuse under this law. Courts will consider factors such as where and when the offence occurred when assessing if a lawful excuse applies.
Dangerous Articles: Section 7 Offences
Dangerous articles, as defined in Section 3 of the Act, are everyday items that have been adapted or are intended to be used as weapons. Section 7 of the Act makes it illegal to carry these items in public or near licensed premises without a lawful excuse. If convicted, penalties can include up to 60 penalty units or six months imprisonment.
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What to Do if You’ve Been Charged:
If you’ve been charged with a weapons offence, it’s essential to act quickly. Charges like these carry serious penalties, including significant fines and potential prison time. Additionally, complex legal issues, such as proving lawful excuses or determining whether a weapon qualifies as prohibited or controlled, require thorough legal analysis.
Contact MK Law Criminal Lawyers today on 1800 130 120 for expert advice and representation. Our experienced criminal lawyers can help you navigate the legal complexities and work on your defence to ensure the best possible outcome.
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