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Possession of Weapons and Related Offences

In Victoria, weapon possession charges are governed by various legislative provisions, including the Crimes Act 1958 (Vic) and the Control of Weapons Act 1990 (Vic). At Rebecca Burdon Legal, we are experienced Melbourne criminal law advocates, committed to achieving the best outcomes for our clients. â€‹

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Types of Weapons and Court Views

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  1. Prohibited Weapons: These are items that are generally considered too dangerous for public possession and use. Examples include flick knives, daggers, and crossbows. Courts view possession of these weapons very seriously, often resulting in harsher penalties.
     

  2. Controlled Weapons: These are items that can be legally possessed for legitimate purposes but can pose a danger if misused. Examples include certain types of knives and batons. Courts consider the context of possession, such as the purpose and location, when determining penalties.
     

  3. Dangerous Articles: These are everyday items that can be used to cause harm, such as broken bottles or metal rods. The court assesses the intent and circumstances under which the item was possessed.

Experienced Criminal Lawyers Protecting Your Rights in Possession of Weapons Cases

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If you're facing a weapon possession crime charge in Victoria or need assistance navigating the legal system following a weapon possession crime, our experienced team at Rebecca Burdon Legal & Consulting is here to help. Contact us today to discuss your case and ensure you receive the legal support you deserve.

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Possessing a Prohibited Weapon

  • This includes items such as switchblades, knuckle dusters, and certain types of firearms. The possession of prohibited weapons carries significant penalties, including imprisonment, depending on the circumstances of the offence.

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Possessing a Controlled Weapon

  • Controlled weapons are items like knives, batons, and other objects that can be used as weapons. While not as severe as prohibited weapons, possessing controlled weapons without a lawful excuse can result in hefty fines and imprisonment.

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Possessing a Dangerous Article

  • A dangerous article is any item capable of causing harm, such as a broken bottle, a piece of metal, or any object that can be used as a weapon. The penalties for possessing a dangerous article can vary depending on the circumstances but can include imprisonment, particularly if the item is used in the commission of a crime.

Examples of Dangerous Articles

Dangerous articles can include a wide range of everyday items that are carried or used with the intention of causing harm. Some examples include:
 

  • Axe: Often used for chopping wood, but can be dangerous if used as a weapon.

  • Cricket Bat: Typically used in sports, but can cause serious injury if used aggressively.

  • Hammer: A common tool that can be adapted to inflict harm.

  • Box Cutter: A utility knife that can be easily concealed and used as a weapon.

  • Screwdriver: A tool that can be used to stab or cause injury.

  • Metal Pipe: Can be used to strike or cause significant damage.

How to Defend Against Weapon Possession Charges

Defending against weapon possession charges requires a strategic approach. At Burdon Legal, we employ various defence strategies, including:
 

  • Lack of Knowledge: Demonstrating that you were unaware of the weapon's presence.

  • Lawful Excuse: Proving that you had a legitimate reason for possessing the weapon, such as for work or self-defence.

  • Improper Search and Seizure: Challenging the legality of the police search that led to the discovery of the weapon.

  • Mistaken Identity: Arguing that you were not the person in possession of the weapon.


Our team meticulously examines every detail of your case to build a robust defence tailored to your specific situation.

Reasons Why You Need a Criminal Defence Lawyer Melbourne

You need a specific skill set to navigate the judicial system. Our legal practitioners have the experience and knowledge to assist you through this process from beginning to end because we understand the system.

 

Having a criminal defence lawyer in Melbourne advocating for you, who has well established professional relationships within the criminal justice system throughout Melbourne metropolitan and regional Victoria will set you up for success.

 

Our focus is on analysing the evidence and weight of the case against you and considering possible defences. We protect your rights and interests, and provide you with the knowledge and advice you need to get the best outcome. Our lawyers appear in all criminal jurisdictions and courts.

 

Our legal practitioners offer the personalised attention you deserve. We will use our experience to protect your interests, and advise all our clients of the consequences associated with resolving a matter quickly or pleading guilty to a charge to avoid the stress of going to court. A conviction against you will reflect on your criminal record and may have long-lasting effects. Ultimately, we strive to ensure your future by contesting charges which may result in difficulties down the track like finding a job, travelling abroad and even impacting your migration or visa status.

Assessing Melbourne Criminal Law Firms? Why Choose Us?

Your rights and interests are our priority. Everyone should have access to justice and high-quality legal services. Our Melbourne criminal law firm works hard, advocating in your best interest even when there is a strong prosecution case against you. We work hard to achieve the best possible outcome for you. Reach out to us for a free consultation.

For further information on some of the frequent types of crimes and charges we deal with include:

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Case Studies

Case Study 1: Mark’s Defence

Mark was charged with possessing a prohibited weapon after a routine traffic stop. Our team at Burdon Legal argued that the weapon was not his and that he was unaware of its presence in the vehicle. Through diligent investigation and effective representation, we were able to have the charges dismissed.
 

Case Study 2: Emily’s Situation

Emily was found with a controlled weapon in her bag during a security check. She had a lawful excuse, as she used the item for her job as a security guard. Burdon Legal successfully demonstrated her lawful purpose, resulting in a favorable outcome with no conviction recorded.

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