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Being a Convicted Offender Armed with Intent

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:

  1. You were a convicted offender, and
  2. You then committed an offence under section 114 of the Crimes Act

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:

  1. You were armed with any weapon or instrument, or had your face blackened or disguised, or possessed the means of blackening or disguising your face, or were on any part of a building or land, and
  2. You intended to commit a serious indictable offence, which is an offence carrying a maximum penalty of at least 5 years in prison.

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:

  1. Self-defence
  2. Duress, and
  3. Necessity

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