MK Law
1800 130 120

Do you have a Lawful Excuse to possess a Weapon?

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  • Offence Involving a Prohibited Weapon
  • Being in Control of a Controlled Weapon
  • Control of Use of Dangerous Articles
  • Offence to Possess, Use, or Carry an Imitation Firearm
  • Possessing, Using, or Carrying a Prohibited Weapon
  • Lawful Excuse to possess a Weapon

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.
 
Additionally, the prosecution must prove that your possession of the weapon lacked a lawful excuse, while you need to show, on the balance of probabilities, that your actions fall within one of the lawful exceptions under 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.

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Weapon Offences

  • Offence Involving a Prohibited Weapon
  • Being in Control of a Controlled Weapon
  • Control of Use of Dangerous Articles
  • Offence to Possess, Use, or Carry an Imitation Firearm
  • Possessing, Using, or Carrying a Prohibited Weapon
  • Lawful Excuse to possess a Weapon

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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Top 5 firms by reputation dealing with traffic and criminal law matters.

  • 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
  • 1800 130 120
  • marcus@mklawfirm.com.au