Weapons Offence – Have you been charged with a weapons offence?
Dribbin & Brown Criminal Lawyers have offices in Melbourne CBD, Frankston, Geelong, Ballarat, Ringwood, Moorabbin and Dandenong, and we routinely represent clients charged with weapons offences at all these Melbourne Magistrates’ Courts.
Weapons Offence Charges
The relevant legislation in relation to weapons offences is the Control of Weapons Act 1990. In the Act there is a distinction made between:
- Prohibited weapons;
- Controlled weapons; and
- Dangerous articles.
Under the Act carrying a prohibited weapon carries a maximum penalty of 240 penalty units or two years in prison. Carrying a controlled weapon carries with it a maximum penalty of 120 penalty units or imprisonment of one year unless in a licensed venue. Carrying a dangerous article carries with it a maximum penalty of 60 penalty units or six months prison unless in a licensed venue.
In terms of identifying the seriousness of the offending, it is important to know where the offence happened and the type of item being carried, as defined by the regulations. The maximum penalties vary quite considerably.
Carrying a firearm is dealt with by different legislation – the Firearms Act 1996. For a discussion in relation to this legislation click here.
The only firearm charge that is dealt with in the Control of Weapons Act is in relation to an imitation firearm. The Act defines an imitation firearm as something that could be reasonably mistaken for an operable firearm.
Experienced Criminal Lawyers
If you have been charged you should engage a lawyer with experience in this area. Dribbin & Brown Criminal Lawyers regularly handle these cases. If you have been charged with a weapons offence, please contact our office today.
