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Being Armed with Intent

Being armed with intent is an offence under section 114 of the Crimes Act 1900 which carries a maximum penalty of 7 years in prison

To establish the 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

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
  3. Necessity

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