The offence of possessing Prohibited Weapons is found in section 5 of the Control of Weapons Act 1990 in Victoria. It is a criminal offence that is committed by a person who was found to be in possession of a prohibited weapon despite not having the required licence to do so.
Have you been accused of Prohibited Weapons?
Have you been accused of Prohibited Weapons?
Police Interview
If you have been arrested for possessing Prohibited Weapons, or if you know that police want to interview you about the offence, it is vital that you contact us for assistance. We will arrange a conference with one of our lawyers who will provide you with clear and knowledgeable legal advice about the interview process so you can preserve your legal rights.Police will only interview you if they suspect you have possessed Prohibited Weapons. They are trained to ask questions in a way to make you seem like you’re lying even though you are not. You will have important questions about the interview, such as:
- Do I need to go to the interview?
- Will I be remanded?
- Should I answer the questions?
Pleading Not Guilty
If you have received a summons for an offence such as possessing Prohibited Weapons, you may also have been served with a bundle of other documents made up of witness statements, expert reports and photographs. This is called the preliminary police brief.It is important to seek advice from an experienced criminal lawyer when charged with any offence, and this is particularly so in relation to possessing Prohibited Weapons. Your criminal lawyer will assess the evidence in the police brief, request any outstanding material, engage independent experts to analyse forensic material, and represent you in Court.
Pleading Guilty
If you are pleading guilty to possessing Prohibited Weapons, a criminal lawyer’s role is extremely important. For example, one of criminal lawyers will step you through the Court process, advise you how to dress, how to behave in Court and will make detailed submissions to the Court explaining your personal circumstances. Our lawyers are skilled advocates who know what works to get the fairest outcome.Which court will the case be heard in?
This is a summary offence and hence will be heard by the Magistrates’ Court.What is the legal definition of ‘Prohibited Weapon’?
Section 3 of the Act defines ‘prohibited weapon’ as ‘an imitation firearm or an article that is prescribed by the regulations to be a prohibited weapon’.Schedule 3 of the Control of Weapons Regulations lists weapons which are prohibited.
Examples of Prohibited Weapons
- Having a taser in your house
- Having an imitation firearm
- Having a flick knife in your bag without a lawful excuse
Legislation
The legislation for this offence can be found on section 5 of Control of Weapons Act 1990.Elements of the offence
The Prosecution must prove that:- the accused had a prohibited weapon; and
- the accused did not have an exception under section 8B of the Act.
“Can the Police prove that the weapon was in your possession?”
Defences
A defence to this may arise where an accused did not intend to possess the prohibited weapon. The Act also provides for a defence if an accused is an employee of a person who has the approval to possess a prohibited weapon, and was using it in the course of their employment.Questions in cases like this
- Do you have a permit for the weapon?
- Do you have a lawful reason for possessing the weapon?
- Were you in fact in possession of the weapon?
Maximum penalty for section 5 of the Control of Weapons Act 1990
The maximum penalty for (s5 of the Control of Weapons Act 1990) is a fine of 240 penalty units or imprisonment for 2 years.Other important resources
- SACStat Higher Courts – Control Of Weapons Act 1990 (Vic) : s 5(1)(e) – possess, use or carry prohibited weapon without exemption/approval
- SAC Statistics – Control Of Weapons Act 1990 (Vic) : s 5(1A) – possess prohibited weapon in licensed premises
Case studies related to Prohibited Weapons
- Deferring a Sentence for a Youth Charged With Numerous Offences
- Diversion for Prohibited Weapon Offences
- Community Corrections Order (CCO) for Family Violence
- Dismissing a Possess Drug of Dependence Charge
- Withdrawing Reckless Conduct Endangering Life and Other Charges
