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Weapons Offences

Been caught or under investigation?

If you are being investigated or charged with a weapons offence, it is crucial to seek legal advice as there are serious consequences and penalties that can be imposed in respect to these offences. Our lawyers have years of experience and can assist you through the entire process. Contact us today for a free initial advice consultation in respect to your matter.

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We take a client-first approach that is focused on delivering solutions and results tailored to each individual’s case. This commitment is demonstrated through our customised four stage client process, which includes an initial consultation, case strategy development, court representation and outcome review.                                            

(1) A person must not unlawfully possess a weapon.
(a) if the person unlawfully possesses 10 or more weapons at least 5 of which are category D, E, H or R weapons—13 years imprisonment; or
(b) if paragraph (a) does not apply and the person unlawfully possesses 10 or more weapons—500 penalty units or 10 years imprisonment; or
(c) if paragraphs (a) and (b) do not apply—
(i) for a category D, H or R weapon—300 penalty units or 7 years imprisonment; or
(ii) for a category C or E weapon—200 penalty units or 4 years imprisonment; or
(iii) for a category A, B or M weapon—100 penalty units or 2 years imprisonment.

(d) for an offence, committed by an adult, to which paragraph (a) , (b) , (c) (i) or (c)(ii) applies—
(i) if the person unlawfully possesses a firearm and uses the firearm to commit an indictable offence—18 months imprisonment served wholly in a corrective services facility; or
(ii) if the person unlawfully possesses a firearm for the purpose of committing or facilitating the commission of an indictable offence—1 year’s imprisonment served wholly in a corrective services facility; or
(iii) if the person unlawfully possesses a short firearm in a public place without a reasonable excuse—1 year’s imprisonment served wholly in a corrective services facility; or
(e) for an offence, committed by an adult, to which paragraph (c) (iii) applies—
(i) if the person unlawfully possesses a firearm and uses the firearm to commit an indictable offence—9 months imprisonment served wholly in a corrective services facility; or
(ii) if the person unlawfully possesses a firearm for the purpose of committing or facilitating the commission of an indictable offence—6 months imprisonment served wholly in a corrective services facility.

(1) A person must not physically possess a knife in a public place or a school, unless the person has a reasonable excuse.

Penalty—
Maximum penalty—40 penalty units or 1 year’s imprisonment.
(2) It is a reasonable excuse for subsection (1) to physically possess a knife—
(a) to perform a lawful activity, duty or employment; or
(b) to participate in a lawful entertainment, recreation or sport; or
(c) for lawfully exhibiting the knife; or
(d) for use for a lawful purpose.

Example for subsection (2)(a)—
1 A person may carry a knife on his or her belt for performing work in primary production.

Examples for subsection (2)(b)—
1 A scout may carry a knife on his or her belt as part of the scout uniform.
2 A person may carry a knife as an accessory while playing in a pipe band.
3 A fisher may carry a knife for use while fishing.

Example for subsection (2)(c)—
1 A person who collects knives may exhibit them at a fete or another public gathering.

Examples for subsection (2)(d)—
1 A person may use a knife to prepare or cut food at a restaurant in a public place or when having a picnic in a park.
2 A person may carry a pen knife or swiss army knife for use for its normal utility purposes.
(3) However, it is not a reasonable excuse to physically possess a knife in a public place or a school for self-defence purposes.
(4) Also, it is a reasonable excuse for subsection (1) , to the extent the subsection relates to a public place, to physically possess a knife for genuine religious purposes.

Example—
A Sikh may possess, in a public place, a knife known as a kirpan to comply with the person’s religious faith.
(5) However, it is not a reasonable excuse to physically possess a knife in a school for genuine religious purposes.
(6) In deciding what is a reasonable excuse for subsection (1) , regard may be had, among other things, to whether the way the knife is held in possession, or when and where it is held in possession, would cause a reasonable person concern that he or she, or someone else in the vicinity, may be threatened or harmed.

What Our Clients Say

The feedback we receive regularly from our clients speaks volumes about our commitment to excellent results, professionalism and service.

Karen Kettlewell

Belinda is the epitome of professionalism in her practice of criminal law. I’ve worked as a Criminologist in the court system alongside Belinda for many years and would refer clients to her for representation. Belinda is fair and empathetic and is able to get the result a client deserves.

Aman Walia

Belinda what you have done for me I can never put into words. Thank you for helping me have a new start in life. Thank you for listening without judgement. Thank you for being on my side. Thank you for being a brilliant lawyer. Thank you for caring.

casey strand

Belinda recently represented a close family member and thankfully got an outcome that no other lawyer said was possible.. It's clear to see that you are passionate about your work as well as being caring, honest and sincere for your clients. If your wanting the best possible outcome I cannot recommend Belinda enough!! Thankyou!

Neville Bush

Belinda is exceptional. She handled my case and everything was taken care of without much of my intervention. I am pleased to have her work on my case. I will recommend her services to my friends and family.

paul makin

Right from the very first message, Belinda has helped me all the way. She's so caring, kind and intelligent. She has given 110% and is an absolute shining star in the world of legal. Her integrity, trust and ability to adapt to the curve balls thrown at her in my case were mind blowing. I just wish there were more people in this world with the caring attitude and attention to detail she has given. Her follow up care was absolutely astounding, checking in on me , and even my family. Thankyou so much from the bottom of my heart Belinda. I'll never be able to thank you enough. You can try the rest , but don't bother , just go to the best from the start !

Melissa Peachey

Belinda is an exceptional criminal lawyer, her attention to detail and professionalism goes above and beyond any of my expectations. We heard about Belindas success with our friend's driving offences and we didn't hesitate to employ her services for our legal battle. Her expertise and knowledge of the law was incredible but she made the process so simple, as legal jargon goes over my head. It was such a stress free experience and we were so happy with the result. You will not be disappointed with Belinda and her excellent client care. We will be using her again in future. Thank you.

Brock Lewis

Belinda, your an absolutely phenomenonal criminal lawyer, and an amazing person! Thankyou for everything and more that you did with my case! Highly Recommend Belinda to anyone in need of the best of the best to represent them to ensure the best results on the Coast!! Your work ethic, passion & drive, commitment, caring attitude, professionalism and more is truly second to none! Thankyou again from myself and the family! X

Desmond Summerfield

I found Robinson Law to be very honest in the dealing of my matter. Another law firm quoted me $1500 and exaggerated the seriousness of my minor offence by saying I needed their representation or I would get a conviction recorded, just to get my business. I was actually only looking at a $400 fine as penalty and no conviction recorded. Robinson Law gave me honest advice about the penalty I was really looking at and cared about my best interests, and saved me money to pay my fine rather than exploiting my situation, which I appreciate very much, thank you Belinda.

Jesse Parker

Absolutely recommend! I hold Belinda’s legal advice and legal representation to the highest of levels. Easily contactable, listens to instruction yet gives advice if she thinks it’s not the best move, conducts herself with the up most professionalism. You will not regret putting your trust into Robinson Law to handle your matter.

Anne Strelow

Belinda’s professionalism and tireless work as a Solicitor is truly amazing. Belinda’s empathy and dedication to her clients is second to none, her commitment to helping others is paramount. As a gifted solicitor and equally an incredible human being, Belinda is the one to help you. Forever grateful. AS.

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