Have you been charged with Being in Control of a Controlled Weapon?
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What does it mean to be charged with being in Control of a Controlled Weapon?
Under Section 6 of the Control of Weapons Act 1990 (“CWA”):
- Possession, Carrying, or Using Controlled Weapons (s6(1))
- A person must not possess, carry, or use a controlled weapon without a lawful excuse.
- Purchasing and Selling Controlled Weapons
- A child must not purchase a controlled weapon (s6(1AA)).
- A person must not sell a controlled weapon to a child if they know the buyer is a child (s.6(1AB))
- Controlled Weapons in Licensed Premises (s6(1B))
- A person must not possess, carry, or use a controlled weapon in licensed premises or in a public place near licensed premises without a lawful excuse.
- Safe and Secure Carrying (s6(2))
- A controlled weapon must be carried in a safe and secure manner consistent with the lawful excuse for its possession or use.
- Lawful Excuse (s6(3))
- “Lawful excuse” includes:
- Pursuit of lawful employment, duty, or activity.
- Participation in lawful sport, recreation, or entertainment.
- Legitimate collection, display, or exhibition of weapons.
- “Lawful excuse” does not include self-defence.
- “Lawful excuse” includes:
- Circumstances for Lawful Excuse (s6(4))
- The court must consider the time, location, and other circumstances surrounding the possession, carrying, or use of a controlled weapon to determine lawful excuse.
Penalties for Offences Under Section 6:
- Possession, Carrying, or Using a Controlled Weapon Without Lawful Excuse:
120 penalty units or imprisonment for up to 1 year. - Purchasing a Controlled Weapon as a Child:
12 penalty units. - Selling a Controlled Weapon to a Child:
20 penalty units. - Possessing, Carrying, or Using a Controlled Weapon Near Licensed Premises Without Lawful Excuse:
240 penalty units or imprisonment for up to 2 years. - Carrying a Controlled Weapon in an Unsafe Manner:
20 penalty units.
What is considered a Controlled Weapon?
Controlled weapons differ from prohibited weapons because they can be possessed, carried, and used for legitimate purposes, but may pose a potential danger to the community. Examples include:
- Knives that are not classified as prohibited weapons
- Spear guns
- Batons or cudgels
- Bayonets
- Cattle prods
You must have a lawful excuse to possess, carry, or use a controlled weapon. For a full list, see Schedule 1 of the Control of Weapons Regulations 2021.
What does the prosecution have to prove?
The prosecution must prove the following elements depending on the specific subsection of the offence:
- For Possession, Carrying, or Using a Controlled Weapon Without Lawful Excuse (Section 6(1)):
- Element 1: you possessed, carried, or used a controlled weapon.
- Element 2: You did not have a lawful excuse for possessing, carrying, or using the weapon.
- For Purchasing a Controlled Weapon as a Child (Section 6(1AA)):
- Element 1: You were a child at the time of the purchase.
- Element 2: You purchased a controlled weapon.
- For Selling a Controlled Weapon to a Child (Section 6(1AB)):
- Element 1: You sold a controlled weapon.
- Element 2: You knew that the buyer was a child.
- For Possessing, Carrying, or Using a Controlled Weapon Near Licensed Premises Without Lawful Excuse (Section 6(1A)):
- Element 1: You were in or near licensed premises.
- Element 2: You possessed, carried, or used a controlled weapon.
- Element 3: You did not have a lawful excuse for possessing, carrying, or using the weapon in that location.
- For Carrying a Controlled Weapon in an Unsafe Manner (Section 6(2)):
- Element 1: You carried a controlled weapon.
- Element 2: The weapon was not carried in a safe and secure manner consistent with the lawful excuse for its possession or use.
Additional Notes:
- Lawful Excuse: The prosecution must establish that you did not have a lawful excuse for their actions. Lawful excuse can include legitimate activities like employment, sports, recreation, or weapon collection but does not include self-defence.
- Circumstances: The court will consider the time, location, and other relevant circumstances to determine whether the defendant had a lawful excuse.
Factors and Defences to Consider:
- Can the Prosecution Prove All Elements of the Charge?
- Did You Have a Lawful Excuse for the Controlled Weapon? Under Section 6(3) of the CWA, verify if you had a lawful excuse for possessing, carrying, or using the controlled weapon, such as legitimate employment, sport, recreation, or weapon collection.
- Were You a Child? If you were charged under Section 6(1AA), confirm whether you were indeed a child at the time of purchasing the controlled weapon.
- Were You Aware That the Buyer Was a Child? For charges under Section 6(1AB), assess whether you knew the purchaser of the controlled weapon was a child.
- Was the Controlled Weapon Carried Safely? Evaluate whether the controlled weapon was carried in a safe and secure manner consistent with the lawful excuse for its possession or use, as required by Section 6(2).
Defences must be tailored to the specific circumstances of the case. Given the serious penalties associated with these charges, it is crucial to seek expert advice. Consult with a skilled criminal defence lawyer to develop an individualised defence strategy that maximises your chances of a favourable outcome.
Where will my case be heard?
Most charges under section 6 of the Control of Weapons Act will be heard in the Magistrates’ Court.
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What happens next?
The next steps following a charge under the Control of Weapons Act involve several key stages. First, it is crucial to obtain legal representation from a skilled criminal defence lawyer. This expert will help you understand your rights, evaluate the evidence, and develop a strategic defence plan. As your case progresses, you will need to attend court as required. Your lawyer will represent you throughout the proceedings, which may include preliminary hearings, possible negotiations with the prosecution, and a trial if necessary.
During the evidence review phase, your lawyer will thoroughly examine all evidence and witness statements related to your case. This process may also involve gathering additional evidence or expert testimony to strengthen your defence. In some situations, your lawyer might negotiate a plea deal with the prosecution, potentially leading to a reduced charge or penalty.
As your court hearing approaches, you and your lawyer will prepare for the presentation of your case. Your lawyer will challenge the prosecution’s evidence and argue for a favourable outcome on your behalf. Finally, the court will render a verdict based on the evidence and legal arguments presented. Depending on the court’s decision, penalties or sentencing will be determined.
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