Assault involving a weapon is treated as a serious criminal offence. It carries harsher penalties due to the heightened risk of harm and intimidation associated with the use or threat of a weapon.

What Constitutes Assault with a Weapon?

An assault with a weapon occurs when a person either uses or threatens to use a weapon, firearm, or any object classified as an offensive instrument to harm or intimidate another individual.

What Is Considered an Offensive Weapon?

An offensive weapon isn’t limited to firearms or knives. It includes any object used with the intention to inflict harm or instil fear. Even everyday items such as bottles, tools, or sporting equipment can be classified as offensive weapons if used in a threatening or violent manner.

Threats vs. Physical Assault

A person can be charged with assault with a weapon, whether they:

• Threaten to use the weapon, or
• Physically use the weapon to assault someone.

In both instances, the presence or use of the weapon significantly escalates the seriousness of the offence.

Intent and Recklessness

To secure a conviction, the prosecution must prove that the accused:

• Intended to cause harm, or
• Was reckless as to whether their actions could result in harm.

This means that even if there was no direct intention to injure, a person may still be found guilty if they acted in a way that showed disregard for the safety of others.

Penalties and Sentencing

Penalties for assault with a weapon are typically much more severe than those for common assault. The exact sentence will depend on a range of factors, including:

• Type of weapon used
• Severity of injuries caused
• The offender’s intent

Factors Influencing Sentencing

Several circumstances can affect the severity of the penalty, including:

• Level of injury inflicted: More serious injuries generally attract more severe sentences.
• Type of weapon involved: Firearms or inherently dangerous weapons increase the seriousness of the offence.
• Offender’s state of mind: Intent to cause serious harm typically results in harsher penalties than reckless conduct.
• Aggravating factors: Prior convictions, family violence, or committing the offence while intoxicated may lead to increased sentencing.

Relevant Legal Provisions in NSW

In New South Wales, specific laws address the use of weapons in assault cases:

• Section 33B, Crimes Act 1900 (NSW): Deals with using, threatening, or possessing offensive weapons with the intent to cause harm or resist arrest.
• Section 33A, Crimes Act 1900 (NSW): Covers firing or attempting to fire a firearm with intent to cause injury or avoid arrest.
• Assault Occasioning Actual Bodily Harm (ABH): If the assault results in physical injury, more serious charges may apply, leading to higher penalties.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong-Yuan, paralegal.

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