What is the offence of Armed with Intent?
The offence of Armed with intent to commit indictable offence is found at section 114 of the Crimes Act 1900.
Armed with intent to commit indictable offence is a serious criminal offence that is often defended on the grounds of self-defence, that a person did not have possession of a weapon or where the person was armed but did not intend to commit an indictable offence.
If you are charged with the offence of Armed with intent to commit indictable offence, your options will normally be to plead guilty or not guilty.
Pleading not guilty
You will be found not guilty of the offence of Armed with intent to commit indictable offence if the police cannot prove beyond reasonable doubt the following elements:
- You were armed with a weapon; and
- Intended to commit an indictable offence. A person intends an event if they decide to bring it about by their act or omission and if they foresee an event as the inevitable consequence of their act or omission, they intend to bring about that result even if was not the purpose of their act.
Armed in relation to a weapon, or instrument, or an offensive weapon, or instrument, that is a dangerous weapon, includes bearing or having the immediate physical possession of the weapon, or instrument.
Possession of a weapon connotes an actual, physical possession and not a constructive one although weapons in the physical possession of one person may be held jointly with other persons unless they were ignorant of their existence.
Liability for possession of a weapon may be negated if you have a lawful excuse for possessing the weapon.
What are defences to Armed with intent?
If the police are able to prove the above elements beyond reasonable doubt, you will still be found not guilty if any of the following defences can be established:
Contact our offices in Sydney, Parramatta, Blacktown or Redfern to organise a time for one of our criminal lawyers to advise you of your prospects of successfully defending the charge of Armed with intent to commit indictable offence.
If you agree that you have committed the offence (and the police are able to prove so), it is best to plead guilty as you will normally receive a discount on sentence and it will demonstrate remorse and contrition. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts or even a less serious charge.
Armed with intent to commit indictable offence carries a maximum penalty of 2 years imprisonment in the Local Court and 7 years imprisonment in the District Court. However, these maximum penalties are typically reserved for the worst offenders. Armed with intent to commit indictable offence is a serious criminal offence and if you are charged with it then you should contact our office immediately.
Penalties that a court can impose in NSW are:
- Section 10 – No conviction recorded
- Section 9 – Good behaviour bond
- Community service order
- Section 12 – Suspended sentence
- Intensive correction order
- Home detention
- Full time imprisonment
Why choose AC Law Group?
Our solicitors are experts at obtaining the best outcome possible for Armed with intent offences. For these offences, a good lawyer can be the difference between a conviction or clean record and freedom or gaol. To read more about AC Law Group, click here.
To discuss your Armed with intent charge, call AC Law Group at our Sydney, Parramatta, Blacktown and Redfern offices or make a website inquiry today.
Mr Correy represented a teenager charged with armed with intent. The allegation was that the teenager had ran up to another teenager who had been stabbed and held a machete over him before he was scared away by a good Samaritan. Mr Correy made representations to the police that the conduct amounted to a common assault and the armed with intent charge was withdrawn. The Magistrate declined to record a conviction.
We represented a man charged armed with intent following an allegation he approached his former step father and threatened to stab him before the supposed victim fled. Under our cross examination, the victim contradicted his police statement, his evidence in chief and by the end of cross examination refused to adopt any version he had given. Following the cross examination, we elected not to call any evidence, and the Magistrate at Blacktown Local Court stated he did not need to hear from the prosecution lawyer or defence lawyer, and dismissed the charge finding the alleged victim was unreliable, untruthful and without credit. Our client was found not guilty.