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Written by
Lionel Rattenbury
Criminal Defence Lawyer


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Weapons Offences - NSW
Welcome to the NSW Possession of offensive weapon in place of detention article page. Everything you need to know about Possession of offensive weapon in place of detention according to NSW law - Dated: 31/01/2011

What the Law States according to NSW Law for Possession of offensive weapon in place of detention
According to NSW Law for the charge of Possession of offensive weapon in place of detention,

On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:

Law Part Short Description
38735 Possess offensive weapon/instrument in a place of detention

The Maximum Penalty - Possession of offensive weapon in place of detention
According to NSW Law for the charge of Possession of offensive weapon in place of detention,

The maximum penalty for the charge of possession of offensive weapon in place of detention (Section 27D of the Summary Offences Act) is a fine of 50 penalty units and/or 2 years imprisonment.

In NSW, a court can impose any of the following penalties for a possession of offensive weapon in place of detention charge.

You’ll find a brief description of each of these penalties at the bottom of this page.

Likely Penalty

Local Court

Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of possession of offensive weapon in place of detention, if heard in the Local Court, is likely to be a fine of $500.

For first time offenders the likely penalty is a fine of $400.

What the Police must prove according to NSW Law for Possession of offensive weapon in place of detention

To convict you of a possession of offensive weapon in place of detention charge, the police must prove each of the following matters beyond a reasonable doubt:

  1. You had in your possession.
  2. An offensive weapon or instrument.
  3. At the time it was in a place of detention.
  4. It was without reasonable excuse.

They will also need to prove that you were the person who committed the possession of offensive weapon in place of detention offence.

Possible Defences under NSW Law - Possession of offensive weapon in place of detention

Possible defences to a possession of offensive weapon in place of detention charge include but are not limited to:

In NSW which court will hear the matter - Possession of offensive weapon in place of detention

This matter is a summary matter and can only be finalised in the Local Court.

Section 10 for a possession of offensive weapon in place of detention chargee: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.

Fines for a possession of offensive weapon in place of detention charge: When deciding the amount of a fine for a possession of offensive weapon in place of detention charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set. Read more.

Good behaviour bond for a possession of offensive weapon in place of detention charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years. Read more.

Community service order for a possession of offensive weapon in place of detention charge (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order. Read more.

Suspended sentence for a possession of offensive weapon in place of detention charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years. Read more.

Periodic detention for a possession of offensive weapon in place of detention charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order for a possession of offensive weapon in place of detention charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service. Read more.

Jail for a possession of offensive weapon in place of detention charge: This is the most serious penalty for a possession of offensive weapon in place of detention charge and involves full time detention in a correctional facility. Read more.

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