Have you been charged with the Offence to Possess, Use or Carry a Prohibited Weapon?
If so, it is important to engage an expert in criminal law, so you can carefully consider any defences that may be available to you.
Can the prosecution prove all the necessary elements to make out their case or do you have a lawful excuse such as using the prohibited weapon for sport, collecting or work?
Read below for further information on Offence to Possess, Use or Carry a Prohibited Weapon.
The offence
Section 5AA of the Control of Weapons Act 1990.
The prosecution must prove:
The defendant possessed, used or carried a prohibited weapon that was not an imitation firearm;
The weapon was a prohibited weapon as per schedule 3 of the Control of Weapons Regulations 2011.
The maximum penalty
240 penalty units or 2 years imprisonment.
Where will my case be heard?
Most charges of Offence to Possess, Use or Carry a Prohibited Weapon will be heard in the Magistrates Court.
What to do next?
This is a serious charge that can result in severe penalties including imprisonment. Make an appointment today with an experienced criminal lawyer who can advise and represent you in this matter.
The legislation
Section 5AA Offence to possess, use or carry a prohibited weapon
A person must not possess, use or carry a prohibited weapon (other than an imitation firearm) without an exemption under section 8B or an approval under section 8C.
Penalty: 240 penalty units or imprisonment for 2 years.
