
Published by Geoff Harrison | 6 October 2024
Under s33B of Crimes Act 1900, any person who uses or possesses an offensive weapon or instrument or threatens injury to commit an indictable offence or to prevent their lawful apprehension is guilty of an offence. The maximum penalty is 12 years imprisonment or 15 years imprisonment if the offence is committed in company.
Other Sources:
Cases:
R v Barton [2001] NSWCCA 63 (see [33]).
R v Mostyn [2004] NSWCCA 97 (threatening with a firearm see [187])
Curtis v R [2007] NSWCCA 11(re knives see [66] - [67])
Cotter v R [2020] NSWCCA 299 (motor vehicle)
Extracted Legislation:
CRIMES ACT 1900 - SECT 33B Use or possession of weapon to resist arrest etc
Use or possession of weapon to resist arrest etc
(1) Any person who-
(a) uses, attempts to use, threatens to use or possesses an offensive weapon or instrument, or
(b) threatens injury to any person or property,
with intent to commit an indictable offence or with intent to prevent or hinder the lawful apprehension or detention either of himself or herself or any other person or to prevent or hinder a police officer from investigating any act or circumstance which reasonably calls for investigation by the officer is liable to imprisonment for 12 years.
(2) A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in the company of another person or persons. A person convicted of an offence under this subsection is liable to imprisonment for 15 years.
"Offensive weapon or instrument" means-
(a) a dangerous weapon, or
(b) any thing that is made or adapted for offensive purposes, or
(c) any thing 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.
"Dangerous weapon" means-
(a) a firearm, or an imitation firearm, within the meaning of the Firearms Act 1996 , or
(b) a prohibited weapon within the meaning of the Weapons Prohibition Act 1998 , or
(c) a spear gun.
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