What the law states
Section 114 of the Crimes Act 1900 (NSW) states:
(1) Any person who:
(a) is armed with any weapon, or instrument, with intent to commit an indictable offence,
(b) has in his or her possession, without lawful excuse, any implement of housebreaking or safebreaking, or any implement capable of being used to enter or drive or enter and drive a conveyance,
(c) has his or her face blackened or otherwise disguised, or has in his or her possession the means of blacking or otherwise disguising his or her face, with intent to commit an indictable offence,
(d) enters or remains in or upon any part of a building or any land occupied or used in connection therewith with intent to commit an indictable offence in or upon the building,
shall be liable to imprisonment for seven years.
(2) For the purposes of subsection (1) (b) "conveyance" means any cab, carriage, motor car, caravan, trailer, motor lorry, omnibus, motor or other bicycle, or any ship, or vessel, used in or intended for navigation, and "drive" shall be construed accordingly.
As this offence indicates, intent plays a major role in the criminal justice system. There are numerous other offences, just as this one, which place emphasis on the intent to commit an offence. In this circumstance, the act of demanding the property is not an offence in itself, however, it is transformed into an offence due to the intent to steal.
An example of this offence is being found walking down the street with a crowbar in your backpack and intending to break into a house.
Penalty
The maximum penalty that can be imposed if you are convicted armed with intent to commit an indictable offence is 7 years imprisonment.
Defences to this charge
Some defences available to this offence include duress, necessity, and intoxication.
How can Prime Lawyers help you?
Our criminal lawyers are experienced in representing people who have been charged with being armed with intent to commit an indictable offence. We will advise you on your chances of successfully defending your matter and thus being found ‘not guilty’. If you are pleading guilty, we will represent you at court to help minimise the punishment you receive.
If the Police’s case is weak against you, it may be possible to write to them and have them withdraw the charges against you. There are severe imprisonment terms which can be ordered by the Court and thus it is important that you seek advice from a criminal lawyer. We will fight vigorously to protect your rights.