Penalty for Use etc Offensive Weapon with Intent to Commit Offence, Resist Arrest etc | Section 33B(1)(a) Crimes Act NSW


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The maximum penalty for the offence of “use etc offensive weapon with intent to commit offence, resist arrest etc”

According to the Judicial Commission of NSW, the actual penalties imposed for the offence are as follows:

Local Court:

Section 33B(1)(a) use, etc offensive weapon w/i to commit offence, resist arrest, etc

  • Prison: 53.6%
  • Section 9 Bond (now community correction order): 19.6%
  • Suspended Sentence (no longer available): 16.3%
  • Community Service Order (now community correction order): 4.5%
  • ICO: 3.9%
  • Section 10(1)(b)&(c) Bond (Section 10(1)(b) now conditional release order without conviction): 1%
  • Fine Only: 1%
  • Section 10(1)(a) Dismissal: 0.2%

The average prison sentence for the offence is 14.8 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 8 months in prison.

District and Supreme Court:

Section 33B(1)(a) use etc offensive weapon w/i to hinder investigation

  • Prison: 100%

The average prison sentence for the offence is 45 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 22 months in prison.

Section 33B(1)(a) use etc offensive weapon w/i to prevent lawful apprehension/detention

  • Prison: 86.7%
  • Suspended Sentence (no longer available): 6.7%
  • Section 9 Bond (now community correction order): 4.4%
  • ICO: 2.2%

The average prison sentence for the offence is 38.3 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 21.6 months in prison.

Section 33B(1)(a) use etc offensive weapon w/i to commit indictable offence

  • Prison: 82.9%
  • Suspended Sentence (no longer available): 6.6%
  • Section 9 Bond (now community correction order): 5.3%
  • ICO: 2.6%
  • Community Service Order (now community correction order): 1.3%
  • Period Detention: 1.3%

The average prison sentence for the offence is 33 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 17.3 months in prison.

Section 33B(1)(a) accessory before the fact to use etc offensive weapon w/i

  • Suspended Sentence (no longer available): 100%

The average prison sentence for the offence is 0 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 0 months in prison.