Section 114 Crimes Act 1900 | Being armed with intent to commit indictable offence


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Being charged with a criminal offence can be stressful and distressing, but understanding the law can help you when it comes to fighting the charges and getting a favourable outcome in your case.

Section 114 of the Crimes Act deals with the offence of ‘being armed with intent to commit an indictable offence.’

Under the law, there are four situations in which you can be found guilty of ‘being armed with intent to commit an indictable offence’:

Where you had a weapon or instrument with the intention of committing an ‘indictable offence,’ OR

Where you had any kind of housebreaking, carbreaking or safebreaking equipment in your possession, OR

Where you disguised your face (for example, by wearing a balaclava) with the intention of carrying out an ‘indictable offence,’ OR

Where you entered a building or land with the intention of committing an ‘indictable offence’ on that property.

An ‘indictable offence’ is any offence that carries a maximum penalty of at least five years’ imprisonment. Indictable offences include offences such as larceny (stealing), assault and sexual assault.

If you’re found guilty of being armed with intent to commit an indictable offence, you could face a maximum penalty of 7 years’ imprisonment.

While this is obviously a heavy penalty, it’s important to bear in mind that it is a maximum which will only apply in the most serious cases.

An experienced criminal lawyer can help you fight the charges or convince the court to have the matter dealt with leniently.

For more information on ‘break and enter’ offences, see our offences page here.

The Legislation

Section 114 of the Crimes Act 1900 deals with ‘being armed with intent to commit an indictable offence’ and reads as follows:

114 Being armed with intent to commit indictable offence

(1) Any person who:

(a) is armed with any weapon, or instrument, with intent to commit an indictable offence,

(b) has in his or her possession, without lawful excuse, any implement of housebreaking or safebreaking, or any implement capable of being used to enter or drive or enter and drive a conveyance,

(c) has his or her face blackened or otherwise disguised, or has in his or her possession the means of blacking or otherwise disguising his or her face, with intent to commit an indictable offence,

(d) enters or remains in or upon any part of a building or any land occupied or used in connection therewith with intent to commit an indictable offence in or upon the building,

shall be liable to imprisonment for seven years.

(2) For the purposes of subsection (1) (b)
“conveyance” means any cab, carriage, motor car, caravan, trailer, motor lorry, omnibus, motor or other bicycle, or any ship, or vessel, used in or intended for navigation, and “drive” shall be construed accordingly.

Why Sydney Criminal Lawyers?

At Sydney Criminal Lawyers, our expert lawyers are highly experienced in dealing with ‘being armed with intent to commit serious indictable offence’ matters.

As a firm that practices criminal law exclusively, we have the in-depth knowledge and skills necessary to ensure that you get the best outcome in your case, no matter how serious the charges are.

Our dedicated lawyers can assist by carefully examining all the evidence to find problems with the prosecution case, and, if any are found, asking for the charges to be dropped.

If we are unable to find problems with the prosecution case, our expert lawyers will collect all evidence that supports your case and effectively examine all witnesses to ensure that you get the best possible outcome.

Even if you simply wish to plead guilty, an experienced and capable lawyer can mean the difference between a harsh gaol sentence and a more lenient outcome.

Our lawyers can persuade the court to deal with these matters leniently by preparing effective sentencing submissions which highlight any factors that reduce the seriousness of your actions.

For the best possible defence in your ‘being armed with intent to commit serious indictable offence’ matter, speak to the experts at Sydney Criminal Lawyers. Call us now on
(02) 9261 8881 and book your FREE first conference
to find out how we can help you.