Armed with Intent to Commit Indictable Offence

In NSW, it is an offence to be armed with any kind of weapon or instrument with the intention of committing an Indictable Offence. 

The maximum penalty for this offence is 7 years imprisonment. 

What is Armed with Intent?

The offence of Armed with Intent to commit an indictable offence is contained in section 114(1)(a) of the Crimes Act 1900 (NSW) which states: 

(1)  Any person who—

(a)  is armed with any weapon, or instrument, with intent to commit an indictable offence,

shall be liable to imprisonment for seven years.

An indictable offence is any one that is capable of being dealt with in the District or Supreme Court of NSW, and it covers a very broad range of offences.  

A person intends an event if they decide to bring it about by their act or omission and if they foresee an event as the inevitable consequence of their act or omission, they intend to bring about that result even if it was not the purpose of their act.

The following acts could constitute Armed with Intent:

• Making threats to someone whist holding a knife;
• Carrying a weapon with the intent of assaulting someone with it;
• Entering a petrol station holding a baseball bat with the intent to try to rob the store.

What Must Be Proven?

For a person to be found guilty of Armed with Intent, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• The accused was armed with a weapon or instrument; and
• The accused intended to commit an indictable offence. 

If the Prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

This offence is a Table 1 offence, which means that it will be dealt with in the Local Court unless the Prosecution or accused elects to have the matter dealt with in the District Court.

Possible Defences to Armed with Intent

The following defences may be available for an Armed with Intent charge:

• That you had no intention to commit an indictable offence;
• Self defence
• Duress
• Necessity

Common Questions

Will I receive a criminal conviction?

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

In NSW, a Court can impose any of the following penalties for an Armed with Intent charge.

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for Armed with Intent 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 Armed with Intent charge?

There is a very real risk of a gaol sentence for an Armed with Intent charge.

About a third of people who are charged with this offence and are sentenced in the Local Court receive a full time gaol sentence. Because of this risk, it is incredibly important that you get expert advice to assist you with these matters. 

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