In New South Wales, the offence of being armed with intent to commit an indictable offence is governed by Section 114 of the Crimes Act 1900 (NSW). This criminal charge can lead to penalties, including imprisonment.

Elements

To be convicted of this offence, the prosecution must prove that the accused was:

• Armed with a weapon or tool, or
• In possession of housebreaking or safe-breaking implements, or
• Wearing a disguise or having a disguised face, or
• On a property with the intention of committing an indictable offence.

Penalties

Sentencing will depend on the circumstances of the case. Penalties may range from a good behaviour bond to imprisonment. The maximum penalty for this offence is seven years’ imprisonment.

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, paralegal.

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