Being a Convicted Offender Armed with Intent is an offence under section 115 of the Crimes Act 1900, which carries a maximum penalty of 10 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
A ‘convicted offender’ is defined as:
A person who has been convicted of any indictable offence, which is an offence that can be referred to a higher court such as the District or Supreme Court. This generally applies to offences carrying a maximum penalty of more than 2 years in prison.
Section 114 is the offence of being armed with intent.
To establish that offence, the prosecution must prove beyond reasonable doubt that:
The offence is also made out where the prosecution proves that:
You possessed, without a lawful excuse, a housebreaking or safebreaking implement, or an implement capable of being used to drive, or enter and drive, a conveyance.
‘Conveyance’ is defined as:
Any cab, carriage, motor car, caravan, trailer, motor lorry, omnibus, motor or other bicycle, ship or vessel, used in or intended for navigation.
Defences to the charge include:
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