Armed with intent

Armed with Intent to Commit Indictable Offence

Our Armed with Intent lawyers have significant experience in fighting these charges. Our strategic approach has seen countless clients found ‘not guilty’ as well as those who plead ‘guilty’ avoid jail.

Contact us now to speak to our accredited specialist criminal lawyer who can immediately advise you of any defences that may be open to you. You can also see our recent results for Armed with Intent to Commit Indictable Offence.

WHAT SHOULD I DO?

• PLEADING NOT GUILTY

  What is Armed with Intent to Commit an Indictable Offence?

  Section 114 of the Crimes Act 1900 (NSW) defines Armed with intent to commit an indictable offence as intending to commit an indictable offence while armed with a weapon or instrument.

  This is a ‘Table 1’ offence under the Criminal Procedure Act 1986 (NSW). As such, it is finalised in the Local Court unless yourself or the prosecution elects to deal with it in the District Court.

   

  How Do You Beat an Armed With Intent to Commit an Indictable Offence Charge?

  You can beat an Armed with Intent charge in two ways. Firstly, Police must prove beyond reasonable doubt that:

  1. you had immediate physical possession of a weapon, or instrument; and
  2. you intended to commit an ‘indictable offence’.

   

  There are also defences that can be used to have you found, ‘not guilty’.

   

  What is an ‘Indictable Offence’?

  An indictable offence is any offence that carries a penalty of at least 5 years imprisonment. Common offences are assault occasioning actual bodily harm, larceny and destroy or damage property.

   

  What are the Defences to Armed With Intent to Commit Indictable Offence?

  The following defences apply to Armed with intent to commit indictable offence:

  1. the prosecution cannot prove that you were armed with a weapon or instrument
  2. the prosecution cannot prove that you intended to commit an indictable offence
  3. Self-defence: Your actions were necessary for your protection and a reasonable response to the circumstances
  4. Duress: You were forced to commit the offence
  5. Necessity: You needed to commit the offence

   

  Contact us now to speak to our Armed with Intent solicitors. We can quickly assess your case and determine whether there are any defences that apply to you.

• PLEADING GUILTY

  Before pleading guilty, you should obtain advice from an experienced criminal lawyer. The reason for this is that once you have entered a plea of ‘guilty’, it becomes very difficult to change your plea to ‘not guilty’.

  If you have taken advice, you will then need to prepare for sentencing. You can refer to our guide. However, you will need to speak to specialist criminal lawyer for Armed with intent charges for representation in Court and advice specific to your case.

   

  What is the Penalty for Armed with Intent to Commit Indictable Offence?

  The maximum penalty for Armed with intent to commit indictable offence is 7 years imprisonment if your case is heard in the District Court.

  If your case is heard in the Local Court, the maximum penalty is 2 years imprisonment and:

  • The maximum fine is $5,500 if the value of the items concerned is over $2,000.
  • The maximum fine is $2,200 if the value of the items concerned is under $2,000.

  What are the Possible Sentences for Armed with Intent to Commit Indictable Offence?

  The following are potential sentencing options for Armed with Intent to Commit Indictable Offence:

  1. Section 10 dismissal
  2. Conditional release order without conviction (previously known as Section 10 good behaviour bond)
  3. Fine
  4. Conditional release order with conviction (previously known as Section 9 good behaviour bond)
  5. Community Corrections Order (previously known as Community Service Order)
  6. Intensive Corrections Order
  7. Home Detention Order (no longer used in NSW)
  8. Full Time Imprisonment

  Will you go to jail for Armed with Intent to Commit Indictable Offence?

  Of the 268 cases heard in the Local Court over the last 5 years, only 3% of people received no conviction for armed with intent. By contrast, over 50% of sentences were some form of imprisonment. Over 30% of offenders were sentenced to full-time imprisonment. The remaining offenders all received convictions.

  The statistics for armed with intent to commit indictable offence show that avoiding a conviction is very difficult. Ten times as many people are sentenced to jail than receive a Section 10 dismissal. As such, if you wish to avoid jail and a conviction, you should speak to one of our specialist criminal defence solicitors for armed with intent.