Have you been charged with Sexual Offence While Armed with an Offensive Weapon?
****Please be aware that this section has now been repealed and is no longer current legislation****
The only time this charge will be valid is if the offence date predates 1 July 2017. If the charge is listed after 1 July 2017 then it will not be a valid charge, if you have been charged with this offence, you should contact our office today.
It is important to note that any sentence imposed for this offence cannot be made concurrently with any other sentence. i.e. this penalty would be in addition to any penalty you may incur if found guilty of the sexual offence itself. This must be considered prior to telling the Court how you intend to plead.
It is important that you engage an experienced criminal lawyer to help you with your defence. Please read below for more information in relation to this charge.
The offence
Section 60A of the Crimes Act 1958.
The prosecution must prove that an offensive weapon was carried at the time the defendant committed a sexual offence.
The maximum penalty
Level 7 imprisonment being a maximum of 2 years.
Where will my case be heard?
Sexual Offence While Armed with an Offensive Weapon cases can only be heard in the Magistrates’ Court of Victoria.
Questions to consider
Do you have a defence? If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Consult a specialist criminal lawyer urgently. Don’t leave your preparation to the last minute. It will be critical in determining the outcome of your proceedings.
If you have been charged with Sexual Offence While Armed with an Offensive Weapon make an appointment to see one of our experienced lawyers today.
The legislation
60A Sexual offence while armed with an offensive weapon
-
A person who is found guilty of an offence under this Subdivision or under Subdivision (8A), (8B), (8C) or (8D) and who carried an offensive weapon when committing the offence is guilty of a summary offence and liable to level 7 imprisonment (2 years maximum).
-
Despite anything to the contrary in the Sentencing Act 1991 or in any other law, a court imposing a sentence under subsection (1)—
(a) must direct that the sentence be served cumulatively on any other sentence; and
(b) must not make an order suspending the whole or any part of the sentence.
-
Despite anything to the contrary in this or any other Act or in any rule of law, the court by which the person has been found guilty of an offence under this Subdivision or under Subdivision (8A), (8B), (8C) or (8D) may hear and determine the summary offence under this section without a jury and, subject to any rules of court, the practice and procedure applicable in the Magistrates’ Court to the hearing and determination of summary offences shall apply so far as is appropriate to the hearing and determination of the offence under this section.
-
Subsection (3) is in addition to, and does not limit the operation of, section 359AA.
