Going Equipped for Theft With Offensive Weapon


This is a more serious charge that simply going equipped with an article. The charge is in the same terms as Going equipped except that the words an offensive weapon replace an article.

The maximum penalty is a fine of 500 penalty units and/or imprisonment for 5 years.

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 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 of “Going equipped with offensive weapon for theft etc” are the same as for the simpliciter offence.

A court can impose any of the following penalties:

WHERE TO NEXT?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.

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