The maximum penalty for the offence of Being Armed with Intent to Commit Indictable Offence is life in prison.
However, it is important to bear in mind this is the most severe penalty that can be imposed, and the court will take into account a wide range of factors when determining the appropriate penalty in your particular case.
These factors include whether you pleaded guilty or were found guilty after a hearing or trial, your criminal history (or lack thereof), your remorse as can be demonstrated through character references and/or a letter of apology, the likelihood that you will reoffend as can be shown through any courses or programs you have undertaken since the date of the offence and the seriousness of the particular conduct itself, to name a few.
In the Local Courts
The most common penalty imposed for being armed with intent to commit indictable offence under section 114(1)(a) of the Crimes Act is Community Correction Order, followed by imprisonment, then intensive correction order, then conditional release order without conviction, then fine only, then conditional release order with conviction, then section 10A conviction with no other penalty, then section 10(1)(a) dismissal.
The average full term prison sentence imposed for the offence is 14 months and the average non-parole period (the minimum term in prison) is less than 1 year.
The most common penalty imposed for possess housebreaking implements under section 114(1)(b) of the Crimes Act is community correction order, followed by imprisonment, then fine only, then intensive correction order, then conditional release order without conviction, then conditional release order with conviction, then section 10A conviction with no other, then section 10(1)(a) dismissal.
The average full term prison sentence imposed for the offence is 9 months and the average non-parole period (the minimum term in prison) is under 9 months.
The most common penalty imposed for possess housebreaking implements (committed before 21/03/2012) under section 114(1)(b) of the Crimes Act is fine only.
The most common penalty imposed for possess implement capable of use to enter conveyance under section 114(1)(b) of the Crimes Act is community correction order, followed by imprisonment, then fine only, then intensive correction order, then conditional release order without conviction, then section 10A conviction with no other penalty, then conditional release order with conviction.
The average full term prison sentence imposed for the offence is 9 months and the average non-parole period (the minimum term in prison) is under 9 months.
The most common penalty imposed for possess safebreaking implements under section 114(1)(b) of the Crimes Act is imprisonment, followed by community correction order.
The average full term prison sentence imposed for the offence is 13.5 months and the average non-parole period (the minimum term in prison) is 8 months.
The most common penalty imposed for blacken/disguise face, etc with intent to commit indictable offence under section 114(1)(c) of the Crimes Act is community correction order, followed by imprisonment, then intensive correction order, then conditional release order with conviction and fine only.
The average full term prison sentence imposed for the offence is 1 year and the average non-parole period (the minimum term in prison) is 6 months.
The most common penalty imposed for enter or remain in building/property with intent to commit indictable offence under section 114(1)(d) of the Crimes Act is imprisonment, followed by community correction order, then intensive correction order, then conditional release order without conviction, then fine only, then conditional release order with conviction, then section 10A conviction with no other penalty, then section 10(1)(a) dismissal.
The average full term prison sentence imposed for the offence is 14 months and the average non-parole period (the minimum term in prison) is 5 months.
In the Higher Courts
The most common penalty imposed for being armed with intent to commit indictable offence under section 114(1)(a) of the Crimes Act is imprisonment, followed by intensive correction order, then community correction order, then conditional release order without conviction.
The average full term prison sentence imposed for the offence is 2 years and the average non-parole period (the minimum term in prison) is 1 year.
The most common penalty imposed for possess housebreaking implements under section 114(1)(b) of the Crimes Act is imprisonment, section 10A conviction with no other penalty and conditional release order with conviction.
The average full term prison sentence imposed for the offence is 6 months and the average non-parole period (the minimum term in prison) is 6 months.
The most common penalty imposed for possess safebreaking implements under section 114(1)(b) of the Crimes Act is imprisonment.
The average full term prison sentence imposed for the offence is 30 months and the average non-parole period (the minimum term in prison) is 18 months.
The most common penalty imposed for blacken/disguise face, etc with intent to commit indictable offence under section 114(1)(c) of the Crimes Act is imprisonment.
The average full term prison sentence imposed for the offence is 2.5 years and the average non-parole period (the minimum term in prison) is 1 year.
The most common penalty imposed for enter or remain in building/property with intent to commit indictable offence under section 114(1)(d) of the Crimes Act is imprisonment, followed by intensive correction order, then community correction order, then conditional release order with conviction, then conditional release order without conviction.
The average full term prison sentence imposed for the offence is 2 years and the average non-parole period (the minimum term in prison) is 1 year.
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