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Section 33B (1) (a) Crimes Act 1900 NSW states that any person who uses attempts to use threatens to use, or possesses an offensive weapon or instrument with an intention to commit an indictable offence is liable to imprisonment for 12 years.
Offensive weapon or instrument means:
(a) a dangerous weapon, or
(b) any thing that is made or adapted for offensive purposes, or
(c) anything that, in the circumstances, is used, intended for use or threatened to be used for offensive purposes, whether or not it is ordinarily used for offensive purposes or is capable of causing harm.
Physical Element/Actus Reus: The act of using or attempting to use or threatening through words or actions to use an offensive weapon including possession of an offensive weapon. An offensive weapon may be any instrument, however innocent in its ordinary use. It is a question for the jury to decide as to whether an instrument constitutes an offensive weapon under the particular circumstances.
Mental Element/Mens Rea: Intention to use or possess an offensive weapon or instrument to commit an indictable offence.
If you have been charged with the criminal offence of fraud, you are innocent until proven guilty beyond reasonable doubt. The jury will review all available evidence and circumstances of the case and make a determination that you have been guilty of an offence. This concept was discussed by their Honour of Dixon CJ in Plomp v The Queen [1963] HCA 44; (1963) 110 CLR 234 at 242 where he said:
“All the circumstances of the case must be weighed in judging whether there is evidence upon which a jury may reasonably be satisfied beyond reasonable doubt of the commission of the crime charged”.
The maximum penalty prescribed for this crime is 12 years imprisonment. However, the maximum penalty is imposed only in the most serious of cases.
This offence falls under Table 1 of Schedule 1 of the Crimes Procedure Act 1986 and is dealt with summarily in a Local Court unless elected otherwise by the prosecution or the defendant.
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