Have you been charged with an offence under section 5 of the Control of Weapons Act 1990 against Prohibited Weapons?
Section 5 contains a range of charges against the manufacture, sale, purchase and possession of a prohibited weapon. If you have been charged under one of these sections, you may have defences available that you can utilise.
Can the prosecution prove all elements of the offence? Is the weapon one considered to be prohibited as per schedule 3 of the Control of Weapons Regulations 2011? Or did you believe the weapon to be exempt under section 8B and 8C of the Control of Weapons Act 1990?
This is a serious charge. If found guilty you could be facing a prison sentence. If you have been charged under section 5, you should seek expert legal advice immediately so you can begin preparing your defence.
For more information on a Prohibited Weapons charge, read below.
The offence
Section 5 of the Control of Weapons Act 1990.
For s5(1) the prosecution must prove:
The defendant brought or caused to be brought, manufactured or displayed/advertised for sale a prohibited weapon;
The weapon fell under the meaning of a prohibited weapon under Schedule 3 of the Control of Weapons Regulations 2011;
There was no exemption under S8B or 8C of the Control of Weapons Act 1990.
For s5(1AA) and s5(1AB) the prosecution must prove:
That the defendant sold/purchased a prohibited weapon under Schedule 3 of the Control of Weapons Regulations 2011;
There was no exemption under S8B or 8C of the Control of Weapons Act 1990.
For s5(1AC) and (1AD) the prosecution must prove:
That the defendant either sold to a child, or purchased as a child, a prohibited weapon under Schedule 3 of the Control of Weapons Regulations 2011;
There was no exemption under S8B or 8C of the Control of Weapons Act 1990.
For s5(1A) the prosecution must prove:
That the defendant carried, possessed or used a prohibited weapon under Schedule 3 of the Control of Weapons Regulations 2011;
That the defendant was in or in the vicinity of a licensed premise.
The maximum penalty
S5(1), (1AA),(1AB),(1AC) and (2): 240 penalty units or 2 years imprisonment
S5(1AD): 25 penalty units
S5(1A): 480 penalty units or 4 years imprisonment
Where will my case be heard?
Most charges relating to Prohibited Weapons will be heard in the Magistrates’ Court, although more serious matters may be heard in the County Court.
What to do next?
Charges relating to Prohibited Weapons can be complex, and have potentially serious penalties including imprisonment. Do not delay any longer, as these matters take time to prepare thoroughly. Contact an expert criminal lawyer today to assist you with your charge.
The legislation
Section 5 Prohibited Weapons
(1) A person must not—
(a) bring into Victoria; or
(b) cause to be brought into or sent into Victoria; or
(c) manufacture; or
(d) display or advertise for sale—
a prohibited weapon without an exemption under section 8B or an approval under section 8C.
Penalty: 240 penalty units or imprisonment for 2 years.
(1AA) A person must not sell a prohibited weapon to a person (other than a child) without an exemption under section 8B or an approval under section 8C.
Penalty: 240 penalty units or imprisonment for 2 years.
(1AB) A person (other than a child) must not purchase a prohibited weapon without an exemption under section 8B or an approval under section 8C.
Penalty: 240 penalty units or imprisonment for 2 years.
(1AC) A person must not sell a prohibited weapon to a child.
Penalty: 240 penalty units or imprisonment for 2 years.
(1AD) A child must not purchase a prohibited weapon.
Penalty: 25 penalty units.
(1A) A person who is in licensed premises or in a public place that is in the immediate vicinity of licensed premises must not possess, carry or use a prohibited weapon without—
(a) an exemption under section 8B; or
(b) an approval under section 8C.
Penalty: 480 penalty units or 4 years imprisonment.
(1B) If a person is convicted or found guilty of an offence against subsection (1A) in respect of an act or omission, that person is not liable to be convicted or found guilty of an offence against subsection (1)(e) in respect of the same act or omission.
(2) A person must not sell a prohibited weapon unless the person reasonably believes that the purchaser of the weapon has an exemption under section 8B or an approval under section 8C allowing the purchaser to possess the weapon.
Penalty: 240 penalty units or imprisonment for 2 years.
(3) Subsections (1), (1AA), (1AB), (1A) and (2) do not apply to an employee of a person who holds an approval under section 8C if the employee is acting in the course of his or her employment and in accordance with the approval.
