Weapons Offences – VIC

Welcome to the VIC Possess Controlled Weapon article page. Everything you need to know about Possess Controlled Weapon according to VIC law.

What the Law States according to VIC Law for Possess Controlled Weapon

According to VIC Law for the charge of Possess Controlled Weapon,

Control of Weapons Act 1990 – SECT 6
Control of controlled weapons

6. Control of controlled weapons

(1) A person must not possess, carry or use a controlled weapon without lawful excuse.

(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.

(1B) If a person is convicted or found guilty of an offence against subsection (1A) in respect of an act or omission that person is not liable to be convicted or found guilty of an offence against subsection (1) in respect of the same act or omission.

(2) 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.

(3) In this section lawful excuse includes-

(a) the pursuit of any lawful employment, duty or activity; and

(b) participation in any lawful sport, recreation or entertainment; and

(c) the legitimate collection, display or exhibition of weapons-

but does not include for the purpose of self-defence.

(4) In considering whether a person has lawful excuse to possess, carry or use a controlled weapon, the court must have regard to the circumstances, such as time and location, of the incident.

The Maximum Penalty – Possess Controlled Weapon

According to VIC Law for the charge of Possess Controlled Weapon:

For an offence against subsection (1): 1 year imprisonment or 120 penalty units
For an offence against subsection (1A): 2 years imprisonment or 240 penalty units
For an offence against subsection (2): 20 penalty units

What the Police must prove according to VIC Law for Possess Controlled Weapon

1. The accused possessed, carried or used a weapon.

2. The weapon was a controlled weapon.

3. The accused did not have a lawful excuse for carrying the controlled weapon, or was not carrying the weapon in a safe and secure manner.

4. In the case of a charge under subsection (1A), the accused was in a licensed premises or a public place in the vicinity of alicensed premises.

Possible Defences under VIC Law – Possess Controlled Weapon

1. Weapon lawfully being carried/possessed
2. Factual dispute
3. Lack of intent

In VIC which court will hear the matter – Possess Controlled Weapon

Magistrates’ Court

 

Date: 09/01/2009