What's happening?
Weapons offences cover a wide range of conduct, from carrying a knife without a reasonable excuse, through to more serious matters involving unregistered firearms or prohibited weapons. The seriousness of the charge depends heavily on the type of weapon involved, whether it was used or merely possessed, and the surrounding circumstances.
These matters are often detected during searches, whether following a traffic stop, at a licensed venue, or during the execution of a search warrant, and questions about the lawfulness of the search can be relevant. Firearms offences in particular are treated very seriously by NSW courts.
What could it mean for me?
- Firearms offences are treated very seriously and can carry significant consequences depending on the circumstances.
- A weapons conviction can affect firearms licences and certain professional requirements.
- The context of possession, such as whether the weapon was used, displayed, or merely carried, significantly affects the charge's seriousness.
- The lawfulness of any search conducted may be relevant to whether the evidence can be relied on.
- A 'reasonable excuse' defence may be available for some knife or weapon possession charges.
What are my options?
- Raising a reasonable excuse defence where genuinely available, such as for work-related tools.
- Challenging the lawfulness of a search where relevant to how the weapon was found.
- Negotiating the specific charge where the facts may support a less serious offence.
- Pleading guilty and presenting mitigation addressing the context of possession.
- Seeking advice on firearms licensing consequences alongside the criminal matter.
What happens next?
- Avoid making statements to police about ownership or purpose of the item without advice.
- Keep any evidence relevant to a reasonable excuse, such as work records, if applicable.
- Attend your first court date and review the police brief once available.
- Discuss with your lawyer whether the circumstances of the search raise any issues.
- Consider the impact on any existing firearms licence and seek separate advice if relevant.
How can MGE Lawyers help?
We advise clients on the full range of weapons offences, assessing the specific circumstances of possession and whether any reasonable excuse or search-related issues may be relevant to the matter.
Given how seriously firearms matters in particular are treated, we work to understand the full context and prepare thorough advice and, where appropriate, strong mitigation material for sentencing.