Published by Geoff Harrison | 16 September 2023
Under s7 of the Weapons Prohibition Act 1998 ('the Act') possessing or using a Prohibited Weapon carries a maximum penalty of 14 years imprisonment and a standard non-parole period of 5 years imprisonment. A Prohibited Weapon is defined as any item that is contained within Schedule 1 of the Act. Under s33 of the Act, the Commissioner of Police can make a weapons prohibition order prohibiting any person from possessing or using a prohibited weapon, where a contravention carries a maximum penalty of 10 years imprisonment.
Cases:
Director of Public Prosecutions v Zheng [2021] NSWSC 131 (butterfly knife)
DPP v Starr [2012] NSWSC 315 (knuckle-dusters)
Jacob v R [2014] NSWCCA 65 (slingshot and crossbow)
Sentencing:
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WEAPONS PROHIBITION ACT 1998 - SECT 7
Offence of unauthorised possession or use of prohibited weapon
(1) A person must not possess or use a prohibited weapon unless the person is authorised to do so by a permit.
Maximum penalty--imprisonment for 14 years.
(2) Without limiting the operation of subsection (1), a person who is the holder of a permit to possess or use a prohibited weapon is guilty of an offence under this section if the person--
(a) possesses or uses the prohibited weapon for any purpose otherwise than in connection with the purpose established by the person as being the genuine reason for possessing or using the weapon, or
(b) contravenes any condition of the permit.
WEAPONS PROHIBITION ACT 1998 - SECT 33
Commissioner may make weapons prohibition order
(1) The Commissioner may make an order prohibiting a person from having possession of, or from using, any prohibited weapon if, in the opinion of the Commissioner, the person is not fit, in the public interest, to be permitted to have possession of a prohibited weapon.
(2) Without limiting the generality of subsection (1), such an order may be made in respect of any person who had possession of or used a prohibited weapon immediately before the weapon was seized under this or any other Act.
(3) A weapons prohibition order takes effect when it is served personally on the person to whom it is directed.
WEAPONS PROHIBITION ACT 1998 - SECT 34
Effect of weapons prohibition order
(1) A person must not possess or use a prohibited weapon in contravention of a weapons prohibition order that is in force.
Maximum penalty--imprisonment for 10 years.
(2) Without limiting the generality of subsection (1) and for the purposes only of that subsection, a prohibited weapon found in or on any premises is, in the absence of proof to the contrary, taken to be in the possession of any person subject to a weapons prohibition order who at the time of the finding or around that time was in or on or in occupation of the premises.
(3) A person must not sell or give possession of a prohibited weapon to another person, knowing that the other person is prohibited from possessing prohibited weapons by a weapons prohibition order.
Maximum penalty--imprisonment for 10 years.
(4) In this section,
"premises" includes any structure, vehicle, vessel or aircraft or any place, whether built on or not.
"possession" of a prohibited weapon includes any case in which a person knowingly--
(a) has custody of the weapon, or
(b) has the weapon in the custody of another person, or
(c) has the weapon in or on any premises, place, vehicle, vessel or aircraft, whether or not belonging to or occupied by the person.
"prohibited weapon" means anything described in Schedule 1.
"use" a prohibited weapon includes causing a reasonable belief that the weapon will be used.