Possession of Object with Intent to Kill

In the ACT it is a criminal offence for a person to be in possession of an object with an intent to kill, or cause grievous bodily harm. 

The maximum penalty for this offence is 5 years’ imprisonment. 

What is possession of an object with intent to kill?

Section 33 of the Crimes Act 1900 (ACT) makes it a criminal offence for a person to have on their person, or in their possession, an object that is capable of causing harm to another and for that person to intend to use that object to kill or inflict grievous bodily harm on another person. 

Grievous bodily harm is defined at law as really serious injury, such as a permanent disfiguration. 

The following acts constitute possession of an object with intent to kill or cause grievous bodily harm:

• Possessing a sharpened toothbrush with intent to stab or slash a person; 
• Possessing a hand held clothing iron with intent to burn a person. 

This is a charge where any number of items could be considered capable of causing harm i.e. a car. For this offence it will depend entirely on the intention of the person in possession of the item and what the intend to do with the object. 

What must be proven?

For a person to be found guilty of possession of an object with intent to kill the prosecution must prove each of the following matters beyond a reasonable doubt: 

• You possessed an object capable of causing harm to another person;
• You intended to use that object, or permitted another person to use the object; 
• Your intended use was to unlawfully kill or cause grievous bodily harm on another person with the object. 

If the prosecution do not prove every single one of the above element, you will be found not guilty. 

Which Court Will Hear the Matter?

This offence is indictable, which means that it can be dealt with in either the Magistrates Court or the Supreme Court. 

The prosecution can elect for your matter to remain in the Magistrates Court, where the maximum penalty is reduced two years’ imprisonment. If the prosecution does not elect summary jurisdiction, you can consent to the jurisdiction of the Magistrates Court which means that your matter will remain in the Magistrates Court. Alternatively, your matter will be committed to the Supreme Court and you will appear before a Judge and/or jury. 

Possible Defences to possession of object with intent to kill

The following defences may be available for a possession of object with intent to kill charge:

• the object was not in your possession;
• the object was not capable of causing harm;
• You did not intend to cause harm or kill the person; 
• You were acting under duress; or 
• You intended to use the object in self-defence.

Common questions about possession of object with intent to kill charge

Will I receive a criminal conviction?

A conviction and criminal record for this offence is very likely. 

In the ACT, a court can impose any of the following penalties for a possession of object with intent to kill charge:

• Gaol sentence;
• Intensive Corrections Order (ICO); 
• Suspended Sentence; 
• Good Behaviour Order; 
• Fine;
• Non-conviction with Good Behaviour Order; or
• Non-conviction dismissal 

The consequences of a conviction can be serious depending on what you do for a living. Some jobs require you to have no criminal convictions and a conviction for this offence might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover, a conviction for an offence of violence can completely rule out certain career paths such as teaching, and a range of government employment options. Violent offences may also result in sentences that include imprisonment, even where an individual has no previous convictions. 

Will I go to Gaol for a possession of object with intent to kill charge?

If you are found guilty of this offence, you may be sentenced to a term of full-time imprisonment, even if you have no prior criminal history. It depends on a range of facts, including your criminal history, the nature and circumstances of the offence, your subjective circumstances, among other things.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.