Have You Been Charged with an Offence Involving a Prohibited Weapon?
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Understanding Charges Under Section 5 of the Control of Weapons Act 1990
Being charged under Section 5 of the Control of Weapons Act 1990 means that you are accused of an offence related to prohibited weapons. The specific nature of the charge will depend on the subsection of the Act you are charged under:
- Under s5(1): The prosecution must prove that:
- You brought, caused to be brought, manufactured, or displayed/advertised for sale a prohibited weapon.
- The weapon falls under the definition of a “prohibited weapon” as outlined in Schedule 2 of the Control of Weapons Regulations 2021.
- You do not have an exemption under Sections 8B or 8C of the Control of Weapons Act 1990.
- Under s5(1AA) and s5(1AB): The prosecution must show that:
- You sold or purchased a prohibited weapon listed in Schedule 3 of the Control of Weapons Regulations 2011.
- There was no exemption under Sections 8B or 8C of the Control of Weapons Act 1990.
- Under s5(1AC) and (1AD): The prosecution must prove that:
- You either sold a prohibited weapon to a child or purchased a prohibited weapon as a child.
- No exemption under Sections 8B or 8C of the Control of Weapons Act 1990 applies.
- Under s5(1A): The prosecution must establish that:
- You carried, possessed, or used a prohibited weapon.
- You were in or near a licensed premise at the time.
If convicted, these offences carry significant penalties, so seeking legal advice is essential to understand your rights and any potential defences.
What Constitutes a Prohibited Weapon?
Prohibited weapons are items deemed inappropriate for general possession or use without a Chief Commissioner’s approval or a Governor in Council Exemption Order. Examples of prohibited weapons include:
- Flick knife
- Daggers
- Knuckle knife
- Butterfly knife
- An article designed to conceal a prohibited weapon
This is a partial list. A complete list of prohibited weapons is provided in the Control of Weapons Act 1990 and the Control of Weapons Regulations 2021, Schedule 2.
Distinguishing Controlled and Prohibited Weapons
Controlled weapons differ from prohibited weapons because they can be possessed, carried, and used for legitimate purposes, but may pose a potential danger to the community. Examples include:
- Knives that are not classified as prohibited weapons
- Spear guns
- Batons or cudgels
- Bayonets
- Cattle prods
You must have a lawful excuse to possess, carry, or use a controlled weapon. For a full list, see Schedule 1 of the Control of Weapons Regulations 2021.
Penalties for Violating Section 5 of the Control of Weapons Act
The penalties for offences under Section 5 are severe, and include:
1.Bringing, manufacturing, displaying, or advertising a prohibited weapon:
240 penalty units or 2 years imprisonment.
2.Selling a prohibited weapon to an adult:
240 penalty units or 2 years imprisonment.
3.Purchasing a prohibited weapon as an adult:
240 penalty units or 2 years imprisonment.
4.Selling a prohibited weapon to a child:
240 penalty units or 2 years imprisonment.
5.A child purchasing a prohibited weapon:
25 penalty units.
6.Possessing, carrying, or using a prohibited weapon on licensed premises or in the vicinity:
480 penalty units or 4 years imprisonment.
7.Selling a prohibited weapon without a reasonable belief of exemption or approval:
240 penalty units or 2 years imprisonment.
Where Will My Case Be Heard?
Most charges related to prohibited weapons are heard in the Magistrates’ Court. However, more serious matters may be escalated to the County Court, depending on the circumstances and the gravity of the offence.
Factors and Defences to Consider
When facing charges, some key factors and defences may include:
- Can the prosecution prove all elements of the offence?
- Is the weapon classified as prohibited under Schedule 3 of the Control of Weapons Regulations 2011?
- Do you hold an exemption for the weapon under section 8B or 8C of the Control of Weapons Act 1990?
- What were the specific circumstances surrounding the offence?
Given the severity of these charges, it is crucial to seek legal advice from expert criminal defence lawyers, such as those at MK Law. We can help you build a robust defence and protect your rights throughout the legal process.
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What happens next?
If you’ve been charged with an offence under the Control of Weapons Act, it’s important to act immediately. Contact MK Law for expert legal advice and guidance. Our experienced criminal defence lawyers will review your case, assess the strength of the prosecution’s evidence, and develop a tailored defence strategy.
We understand the complexities surrounding weapons charges and will work diligently to protect your rights and achieve the best possible outcome. Don’t wait—reach out to MK Law today at 1800 130 120 for a confidential consultation.
For more specific offences relating to offences involving prohibited weapons, please see publications specific to sections; s5AA, s5AB, s6, s7, s8.
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