Section 115 of the Crimes Act is very similar to section 114, which deals with the offence of “being armed with the intention of committing a serious indictable offence.”
Section 115 is different to section 114 as it deals with situations where a “convicted offender” is armed with the intention of committing a serious indictable offence.
A “convicted offender” is anyone who has previously been convicted of an “indictable offence,” meaning any offence that carries a maximum penalty of 5 years’ imprisonment or more.
This includes offences such as larceny and assault occasioning actual bodily harm.
Where you are a convicted offender and you are found guilty of being armed with the intention of committing a serious indictable offence, you could face a maximum penalty of 10 years’ imprisonment.
This is higher than the penalty for ordinary offenders, who will face a maximum penalty of 7 years’ imprisonment under s 114.
For more information on the elements of this offence, please read our page on the offence of “armed with intent to commit serious indictable offence.”
Section 115 of the Crimes Act 1900 deals with the offence of “being a convicted offender armed with the intent to commit an indictable offence” and reads as follows:
115 Being convicted offender armed with intent to commit indictable offence
Whosoever, having been convicted of any indictable offence, afterwards commits any offence mentioned in section 114, shall be liable to imprisonment for ten years.
If you’ve been charged with an offence under section 115, it’s important to seek advice from a reputable criminal lawyer who can advise you of any positive steps you can take to defend the charges.
Unlike other “general” law firms, the expert defence team at Sydney Criminal Lawyers® specialises exclusively in criminal law.
Our considerable experience in this field of law means that our lawyers are equipped with the knowledge and skills necessary to secure positive outcomes in these cases.
Our lawyers will take the time to carefully examine all the evidence in your case to find any problems with the prosecution case.
Where issues are found, we can raise them with the prosecution and ask for the charges to be dropped on this basis. Often, this spares our clients the time and expense of a defended hearing.
Our knowledgeable lawyers can also advise you of any defences that you may raise to explain your actions and secure a verdict of “not guilty.”
Alternatively, if you simply wish to plead guilty to the charges, our expert defence team can give you the best possible representation when it comes to persuading the court to deal with your matter leniently.
Call us today on (02) 9261 8881 to book a FREE first conference with our expert defence team to discuss your case.