This article was written by Michelle Makela - Legal Practice Director
Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning. Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...
Going Equipped for Theft With Offensive Weapon
This is a more serious charge than Going Equipped For Theft. The maximum penalty rises to a fine of 500 penalty units and/or imprisonment for 5 years, from 300 penalty units and 3 years’ imprisonment. A “related offence” for this charge includes only four things – robbery, aggravated robbery, burglary and aggravated burglary – and not the six listed for the simpliciter offence.
The Criminal Code 2002 stipulates that an “offensive weapon” includes the following:
- anything made or adapted for use for causing injury to or incapacitating a person;
- anything that a person has with the intention of using, or threatening to use, to cause injury to or incapacitate someone else;
- a firearm, or anything that may reasonably be taken in the circumstances to be a firearm;
- a knife, or anything that may reasonably be taken in the circumstances to be a knife;
- an explosive, or anything that may reasonably be taken in the circumstances to be or contain an explosive.
What the police must prove, possible defences and which court will hear a matter are the same as for the simpliciter offence.
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