Author: Jon Ross
Practice area: firearms offences
Jon is a Senior Associate at Doogue + George with over 20 years of exclusive criminal defence experience, including serious violent crime and gang-related matters across London's Magistrates' and Crown Courts. His depth of experience in this area means clients receive accurate, considered advice.
View full profile →Jon authored this content and last revised it for accuracy on 6 August 2026.
What is the offence of Possessing Controlled Weapon?
Possessing Controlled Weapon is an offence under section 6 of the Control of Weapons Act 1990 (Vic). It forms part of Victoria’s legislative scheme regulating knives and other prescribed weapons, restricting when and how such items may be lawfully present in the community.
Key points
- Core issue: Whether the item was present without a recognised lawful basis
- Locations of concern: Public places and licensed premises attract specific treatment
- Jurisdiction: Magistrates’ Court and higher courts
The maximum penalty for Possessing Controlled Weapon is 120 penalty units ($25,092.00 as at 2026–27) or imprisonment for 1 year. (In or in the immediate vicinity of licensed premises, or in a public place: 240 penalty units ($50,184.00 as at 2026–27) or imprisonment for 2 years.)
Common defences may include disputing possession, disputing the item was a controlled weapon, or establishing a lawful excuse.
This charge may also apply to a person who did not possess, carry, or use a controlled weapon in a safe or secure manner – even if they have a licence.
Have you been accused of Possessing Controlled Weapon?
Police Interview
If you have been arrested for Possessing Controlled Weapon, or if you know that police want to interview you about the offence, you must call one of our expert lawyers to ask them your important legal questions.
Your lawyer will provide you with knowledgeable advice about how the interview process works so you know what to expect and are not caught off guard.
You will have important questions about the interview, such as:
- Do I need to go to the interview?
- Should I answer the questions?
- Will I be remanded?
Our lawyers can answer these important questions and any others you have.
Pleading Not Guilty
Being accused of Possessing a Controlled Weapon does not mean you are guilty. Police can and do make mistakes, and in some cases, individuals are charged incorrectly.
If you deny the allegation, it is vital to have an experienced criminal defence lawyer representing you in court. Our lawyers take pride in meticulously analysing the evidence, identifying weaknesses in the prosecution case, and developing strategic defences aimed at securing a not guilty verdict.
Pleading Guilty
Pleading guilty to Possessing Controlled Weapon essentially means that that you accept responsibility for your behaviour and the summary of facts.
One of our lawyers can represent you on a plea of guilty and guide you through the process. Preparation is key and there will be things you should prior to Court which our lawyers can advise you of. This ground work will lead to a favourable outcome in Court.
Sentencing
Sentencing in the higher courts of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Control of Weapons Act 1990 (Vic) s 6 — 191 charges, higher courts, 1 July 2019 – 30 June 2024.
| Outcome | % |
|---|---|
| Imprisonment | 72.8% |
| Fine | 14.7% |
| Community Correction Order | 6.3% |
| Other | 5.2% |
| Youth Justice Centre Order | 1.0% |
The data demonstrates a strong likelihood of a custodial sentence at this level, often reflecting more serious circumstances and the heightened concern courts place on unlawful weapon possession.
Sentencing in the Magistrates’ Court of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Control of Weapons Act 1990 (Vic) s 6(1) — 6,688 charges across 5,545 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.
| Outcome | % |
|---|---|
| Imprisonment | 36.1% |
| Fine | 24.2% |
| Community Correction Order | 22.3% |
| Adjourned Undertaking | 13.6% |
| Discharge/Dismissal | 2.6% |
| Other | 1.2% |
The data indicates a significant risk of imprisonment, although courts frequently impose financial penalties or community-based supervision depending on the circumstances. The sentence imposed will depend on factors such as the type of weapon involved, the surrounding circumstances and the offender’s prior history.
Which court will the case be heard in?
This offence is heard in both the higher courts and the Magistrates’ Court.
Examples of Possessing Controlled Weapon
- A person possesses a spear gun without lawful excuse.
- A person possesses a baton or cudgel without lawful excuse.
- A person possesses a bayonet without lawful excuse.
- A person possesses a cattle prod without lawful excuse.
What is the legal definition of Possessing Controlled Weapon?
- A person must not possess, carry or use a controlled weapon without lawful excuse.Penalty: 120 penalty units or imprisonment for 1 year.
- (1A) A person who is in licensed premises or in a public place that is in the immediate vicinity of licensed premises must not possess, carry or use a controlled weapon without lawful excuse.Penalty: 240 penalty units or imprisonment for 2 years.
- A person must not carry a controlled weapon unless it is carried in a safe and secure manner consistent with the lawful excuse for which it is possessed or is carried or is to be used.Penalty: 20 penalty units.
Legislation
The relevant legislative provision for this offence is section 6 of Control of Weapons Act 1990 (Vic) (the Act).
Elements of the offence
For a person to be guilty of this offence, the prosecution must prove the following elements beyond reasonable doubt:
- The accused possessed, carried or used a weapon;
- The weapon was a controlled weapon;
- The accused did not have a lawful excuse for possessing, carrying or using the controlled weapon.
Element 1: The accused possessed, carried or used a weapon
The prosecution must prove that the accused possessed, carried or used a weapon to satisfy this element of the offence.
‘Possession’ of a weapon includes1:
- Actual physical possession; and
- Custody or control; and
- Having and exercising access either solely or in common with others.
‘Carried’ and ‘used’ are not defined in the Act and have their ordinary meanings of an accused having a weapon on their person or using a weapon.
Element 2: The weapon was a controlled weapon
The prosecution must then prove that the weapon the accused was carrying was a controlled weapon.
A weapon will be a controlled weapon if it is2:
- A knife, other than a knife that is a prohibited weapon; or
- An article that is prescribed by the regulations to be a controlled weapon.
The Control of Weapons Regulations 2011 (Vic) prescribes controlled weapons in Schedule 2.3 Controlled weapons as prescribed by the regulations are4:
- Spear gun;
- Baton or Cudgel, being a short stout stick made of any material designed as a weapon, including the weapon commonly known as a “police nightstick”;
- Bayonet, being a thrusting, striking or cutting weapon designed to be attached to a firearm; and
- Cattle prod.
Element 3: The accused did not have a lawful excuse for possessing, carrying or using the controlled weapon
The final element the prosecution must prove is that the accused did not have a lawful excuse to possess, carry or use the controlled weapon.
A ‘lawful excuse’ includes the pursuit of any lawful employment, duty or activity and participation in any lawful sport, recreation or entertainment and the legitimate collection, display or exhibition of weapons.5
When considering if a lawful excuse exits, the court must have regard to the circumstances, such as time and location, of the incident.6
Even if the accused does have a lawful excuse for carrying a controlled weapon, unless it is carried in a safe and secure manner consistent with the lawful excuse for which it is possessed or is carried or is to be used, the accused will face a fine of 20 penalty units.7
“Did you have a lawful excuse for having the controlled weapon?
Defences
Defences to this charge ordinarily turn on some element of the offence not being made out. These defences include:
- The accused did not possess, carry or use a controlled weapon;
- The accused had a lawful excuse for possessing, carrying or using the controlled weapon.
It is not a defence to possess, carry or use controlled weapons for the purpose of self defence.8
You should ring us and discuss your case so we can properly guide you throughout the criminal prosecution process. Deciding on whether to plead guilty or not has significant consequences for you and should be made after proper discussion with a criminal lawyer.
Questions in cases like this
- Is the accused, possessing, carrying or using a weapon?
- Is the weapon a controlled weapon?
- Does the accused have a lawful excuse for possessing, carrying or using the controlled weapon?
Maximum penalty for section 6 of the Control of Weapons Act 1990
Possessing, carrying or using a controlled weapon without lawful excuse (s6 of the Control of Weapons Act 1990) has a maximum penalty of 120 penalty units ($25,092.00 as at 2026–27) or imprisonment for 1 year.9
Possessing, carrying or using a controlled weapon without lawful excuse in or in the vicinity of a licensed premises or in a public place has a maximum penalty of 240 penalty units ($50,184.00 as at 2026–27) or imprisonment for 2 years.10
Even if a person has a lawful excuse for carrying a controlled weapon, if they do not carry it in a safe or secure manner consistent with the lawful excuse for which it is possessed or is carried or is to be used, they face a maximum penalty of 20 penalty units.11
The Department of Treasury and Finance reviews and updates the value of a penalty unit on 1 July each year.12 As such, the maximum fine for this offence may change.
Other important resources
- SACStat Higher Courts – Control Of Weapons Act 1990 (Vic) : s 6(1) – possess, use or carry a controlled weapon
- SAC Statistics – Control Of Weapons Act 1990 (Vic) : s 6(1) – possess, carry or use a controlled weapon
- SAC Statistics – Control Of Weapons Act 1990 (Vic) : s 6(1A) – possess a controlled weapon in a licensed premises
Case studies related to Possessing Controlled Weapon
- Trafficking Cannabis and Weapons Possession Charges – CCO
- Applying for Bail for Armed Robbery
- Drug Trafficking and Possession of Drug of Dependence and Controlled Weapon
- Pleading Guilty to Drug and Firearm Charges
- Bail Application – ‘Night’ Court
FAQ About Possessing Controlled Weapon
What items are classified as controlled weapons in Victoria?
Does this offence apply in public places?
How are licensed premises treated under this offence?
Is there a requirement to carry a controlled weapon in a particular way?
How does a court assess whether a lawful excuse exists?
[1] Control of Weapons Act 1990 (Vic) s 3
[2] Control of Weapons Act 1990 (Vic) s 3
[3] Control of Weapons Regulations 2011 (Vic) s 7
[4] Control of Weapons Regulations 2011 (Vic) Schedule 2
[5] Control of Weapons Act 1990 (Vic) s 6(3)
[6] Control of Weapons Act 1990 (Vic) s 6(4)
[7] Control of Weapons Act 1990 (Vic) s 6(2)
[8] Control of Weapons Act 1990 (Vic) s 6(3)
[9] Control of Weapons Act 1990 s 6(1)
[10] Control of Weapons Act 1990 s 6(1A)
[11] Control of Weapons Act 1990 s 6(2)
[12] Department of Justice, ‘Penalties and Values’, accessed 17/11/2018 <http://www.justice.vic.gov.au/home/justice+system/fines+and+penalties/penalties+and+values/>.
