Armed with Intent Offences

An Armed With Intent charge in New South Wales is a serious criminal allegation that applies where a person is armed with a weapon or offensive instrument and intends to commit an indictable offence. The charge focuses on intent rather than whether the offence was actually carried out, and convictions can result in imprisonment and a permanent criminal record.

Facing an Armed With Intent Charge? Early Legal Advice Can Make a Critical Difference

Being charged with Armed With Intent under the Crimes Act 1900 is confronting and can carry severe consequences. These matters often arise in volatile situations including domestic or private settings and frequently involve allegations of violence.

Detailed description

  • Intent is the key issue and the prosecution must prove it beyond reasonable doubt
  • The weapon does not need to be used for the offence to be made out
  • Strong defence strategies often focus on intent lawful purpose or whether the accused was armed

Brightstone Defence has extensive experience representing clients charged with serious indictable offences across New South Wales. We understand how these charges are prosecuted and how to challenge weak or circumstantial evidence. If you are facing an Armed With Intent charge, early advice from an experienced criminal defence lawyer can significantly affect the outcome. Contact Brightstone Defence today for confidential advice.

What is Armed with Intent Offences?

What is Armed with Intent?

In New South Wales, an Armed With Intent offence is set out under Section 114 of the Crimes Act 1900 NSW and occurs when a person is armed with a weapon or offensive instrument and intends to commit an indictable offence, such as assault, robbery, or property damage. The offence focuses on the intent and circumstances, not whether the weapon was used.

Under section 4 of the Crimes Act 1900, Armed in relation to a weapon, or instrument or an offensive weapon, or instrument, that is a dangerous weapon, includes bearing or having the immediate physical possession of the weapon, or instrument.

Importantly, the prosecution does not need to prove that the intended offence was carried out. If it can be shown that the accused was armed and had the intention to commit an indictable offence, the charge is satisfied.

Elements the Prosecution Must Prove

To establish an Armed With Intent offence in NSW, the prosecution must prove beyond reasonable doubt that:

1. The accused was armed

This includes being armed with:

  • A weapon
  • An offensive instrument
  • Any item capable of causing injury
2. The accused had intent to commit an indictable offence

Such as:

  • Assault
  • Robbery
  • Malicious damage
  • Another serious criminal offence
3. The intent existed at the time the accused was armed

Actual use of the weapon is not required.

4. The offence occurred in relevant circumstances

Including private or domestic settings.

Intent may be inferred from conduct, words, surrounding circumstances, or the nature of the weapon.

Possible Defences

Defences depend on the facts of the case and may include:

  • No intent to commit an indictable offence
    Mere possession of an item is not enough without intent.
  • Not armed
    The item was not a weapon or offensive instrument.
  • Lawful purpose
    The item was carried for an innocent or lawful reason.
  • Self defence or necessity
    In limited circumstances, actions may be justified to prevent harm.

The prosecution must prove intent. Challenging this element is often central to the defence.

Potential Penalties

Armed with intent offences carry significant penalties in NSW, particularly where violence or domestic violence is alleged.

Potential penalties include:

  • Lengthy terms of imprisonment
  • Fines
  • Community correction orders
  • Apprehended Violence Orders AVOs
  • A permanent criminal record

An offence under Section 114 of the Crimes Act 1900 NSW carries a maximum penalty of 7 years imprisonment.

Legal Process and Options - Brightstone Defence Criminal Lawyers

Legal Process
& Options

Armed with intent offences are serious criminal charges that arise where a person is armed with a weapon and intends to commit an indictable offence, even if the weapon is never used. These matters can result in imprisonment, AVOs, and a lasting criminal record. Because intent is a critical element, early legal advice is essential to assess available defences and determine whether to plead guilty or contest the charge.


Pleading
Not Guilty

Pleading not guilty requires the prosecution to prove each element of the offence.

This may be appropriate where:

  • There was no intent to commit an indictable offence
  • The accused was not armed
  • The weapon was carried for a lawful purpose
  • Evidence is weak or unreliable

A contested matter allows evidence to be tested, and witnesses cross examined.

It is essential that you seek legal advice for the best outcome for your case. Contact Brightstone Defence today.

Pleading
Guilty

Pleading guilty involves accepting responsibility for the offence.

Potential benefits if you plead guilty at an early stage may include:

  • A sentencing discount
  • Earlier resolution
  • Possible reduction in penalty

However, consequences may include:

  • Imprisonment
  • A criminal conviction
  • Long term impacts on employment, licensing, and travel

A guilty plea should only be entered after careful legal advice. Accepting responsibility and pleading guilty may have a lasting impact on your everyday life, hence, it is important to seek accurate legal advice. Brightstone Defence is here to assist you every step of the way. Contact us today.

Frequently Asked Questions
Can I be charged with Armed With Intent even if no one was injured?
  • Yes.

A person can be charged with Armed With Intent even if no injury occurred and no offence was completed. The charge is based on being armed and having the intent to commit an indictable offence, not the outcome.

Does Armed With Intent apply in domestic or private situations?
  • Yes.

Armed With Intent charges commonly arise in domestic or private settings, including disputes between partners or family members. The location does not reduce the seriousness of the offence.

Will an Armed With Intent charge automatically lead to jail?

Not always. While imprisonment is possible, outcomes depend on factors such as:

  • The strength of the prosecution case
  • Whether violence was involved
  • Prior criminal history
  • Whether the matter is resolved by a plea or defended

Courts can impose alternatives to full time custody in some cases.

Can police rely on what I said during an argument to prove intent?

Yes. Words spoken before or during the incident can be used by police to argue intent. Statements made in anger or frustration may still be relied upon by the prosecution, which is why early legal advice is critical.

What if the item I had was not normally a weapon?

An everyday object can still be treated as an offensive instrument if the prosecution alleges it was capable of causing injury and carried with criminal intent. Whether this is accepted depends on the circumstances and evidence.

Can Armed With Intent charges be downgraded or withdrawn?

In some cases, yes. Charges may be reduced or withdrawn where evidence of intent is weak, inconsistent, or unsupported. Early negotiation and careful review of the police brief can be crucial.

Should I plead guilty early to get a better outcome?

An early guilty plea may result in a sentencing discount, but pleading guilty too early without advice can be risky. Every case is different, and a plea should only be entered after assessing the evidence and available defences.

When should I contact a lawyer about an Armed With Intent charge?

You should contact a lawyer as soon as you become aware of the allegation or charge. Early legal advice can help protect your rights, guide police interactions, and significantly influence the final outcome. Brightstone Defence can provide clear advice and strong representation from the outset.

What is a custody of a knife offence in NSW?
  • A custody of a knife offence occurs when a person has a knife in their possession or control while in a public place or a school without a reasonable excuse. The offence is set out under section 93IB of the Crimes Act 1900 NSW. A knife does not need to be used for charges to apply. Simply having custody of the knife is sufficient.
  • What is legally considered a knife under NSW law?
  • Under section 93IA of the Crimes Act 1900, a knife includes any blade. This definition covers items such as kitchen knives and razor blades. Most everyday bladed objects may fall within the definition unless specifically excluded by regulation.
  • What does custody or possession of a knife mean?
  • Custody or possession is not limited to holding a knife on your person. It also includes constructive possession, meaning the knife is nearby and under your control. For example, a knife in a bag, vehicle, or other item you control may still amount to custody.
  • Where can a custody of a knife offence occur?

    This offence applies in public places and schools. Public places include areas open to or used by the public, such as streets, parks, shopping centres, and public transport. Schools include school grounds and buildings, except for areas used solely as private residences.

    What is a reasonable excuse for carrying a knife in NSW?
  • A reasonable excuse may include carrying a knife for lawful work, education or training, food preparation, lawful sport or recreation, trade or retail display, religious purposes, or wearing an official uniform. Travel to or from these lawful activities may also be covered. The excuse must be genuine and reasonably necessary.
  • Can I carry a knife for self defence in NSW?
    • No.

    The law expressly states that self defence or defence of another person is not a reasonable excuse for carrying a knife in a public place or school. Carrying a knife for this reason can still result in criminal charges.

    Should I plead guilty or not guilty to a custody of a knife charge?

    This depends on your individual circumstances. Pleading not guilty may be appropriate if you did not have custody of the knife, had a reasonable excuse, or if the prosecution evidence is weak. Pleading guilty early can result in a sentencing discount and faster resolution, but may still lead to a conviction and serious long term consequences.

    • Legal advice should always be obtained before entering a plea.
    When should I speak to a lawyer about a custody of a knife charge

    You should seek legal advice as soon as possible after being charged or even if police are investigating you. Early advice can help identify defences assess the strength of the prosecution case and potentially prevent the matter from escalating. Brightstone Defence can guide you through every stage of the process and protect your rights from the outset.

    Will I go to jail for a dishonesty offence?

    The outcome of whether or not the accused will be sentenced to a jail conviction is dependent on several factors. The courts take into account the severity of the offence, if the accused has a prior criminal record, especially for similar offences. Circumstances of the offence, such as whether the accused acted under duress. The court will additionally take into consideration a non-custodial sentence, such as those of community service, good behaviour bonds and fines. Each case requires different attention and different approaches, which is why it is crucial to have a strong legal team to help you in the matter.

    What will the court take into account when sentencing?

    The court will take into account the total amount of the proceeds as well as the accused circumstances. The court additionally takes into consideration the accused’s prior history and personal circumstances.

    What is the difference between theft and fraud?

    In NSW law under Section 192E of the Crimes Act 1900 sets out ‘fraud’ as “a person who, by any deception, dishonestly obtains property belonging to another or obtains a financial advantage or causes any financial disadvantage.”

    Larceny is a term commonly used by criminal lawyers to describe that act of theft or stealing. In NSW larceny is defined as the act of taking someone else’s property without consent and intending to permanently deprive the owner of it.

    Can I be fined for a dishonesty offence?
    • Yes

    Fines can be imposed for dishonesty offences, usually for less severe crimes. However, fines are more commonly imposed for offences such as shoplifting. Offences that are more serious will carry larger scale penalties such as imprisonment or community service. However, each case is different, so it is important to have a strong legal team in order to receive accurate legal advice to assist you in receiving the best outcome for your situation.

    What is the difference between intentional and reckless dishonesty?
    • Intentional dishonesty means the offender knowingly engaged in deceit.
    • Reckless dishonesty occurs when the offender acts carelessly or without regard to the truth, but does not necessarily intend to defraud.

    Both can result in criminal charges, but intent usually attracts higher penalties.

    How can a criminal defence lawyer help with a dishonesty charge?

    A qualified lawyer can:

    • Assess the evidence and identify weaknesses in the prosecution’s case.
    • Advise on potential defences, such as lack of intent, mistake, or duress.
    • Negotiate outcomes, including reduced charges or diversion programs where appropriate.
    • Represent clients in court to protect their rights and achieve the best possible result.
    What should I do if I am accused of a dishonesty offence?

    Do not admit guilt or provide statements without legal advice. Contact an experienced criminal defence lawyer immediately to ensure your rights are protected and to receive guidance on how to respond.

    Can I be charged with Armed With Intent even if no one was injured?
    • Yes.

    A person can be charged with Armed With Intent even if no injury occurred and no offence was completed. The charge is based on being armed and having the intent to commit an indictable offence, not the outcome.

    Does Armed With Intent apply in domestic or private situations?
    • Yes.

    Armed With Intent charges commonly arise in domestic or private settings, including disputes between partners or family members. The location does not reduce the seriousness of the offence.

    Will an Armed With Intent charge automatically lead to jail?

    Not always. While imprisonment is possible, outcomes depend on factors such as:

    • The strength of the prosecution case
    • Whether violence was involved
    • Prior criminal history
    • Whether the matter is resolved by a plea or defended

    Courts can impose alternatives to full time custody in some cases.

    Can police rely on what I said during an argument to prove intent?

    Yes. Words spoken before or during the incident can be used by police to argue intent. Statements made in anger or frustration may still be relied upon by the prosecution, which is why early legal advice is critical.

    What if the item I had was not normally a weapon?

    An everyday object can still be treated as an offensive instrument if the prosecution alleges it was capable of causing injury and carried with criminal intent. Whether this is accepted depends on the circumstances and evidence.

    Can Armed With Intent charges be downgraded or withdrawn?

    In some cases, yes. Charges may be reduced or withdrawn where evidence of intent is weak, inconsistent, or unsupported. Early negotiation and careful review of the police brief can be crucial.

    Should I plead guilty early to get a better outcome?

    An early guilty plea may result in a sentencing discount, but pleading guilty too early without advice can be risky. Every case is different, and a plea should only be entered after assessing the evidence and available defences.

    When should I contact a lawyer about an Armed With Intent charge?

    You should contact a lawyer as soon as you become aware of the allegation or charge. Early legal advice can help protect your rights, guide police interactions, and significantly influence the final outcome. Brightstone Defence can provide clear advice and strong representation from the outset.

    What steps should I take immediately after being charged with a criminal offence?

    It's crucial to consult with a criminal defence lawyer as soon as possible to understand your rights and legal options. Contact us promptly to schedule a free consultation and start building your defence strategy.

    How can a criminal defence lawyer help improve my case's outcome?

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    What factors determine the cost of hiring a criminal defence lawyer?

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Can I still benefit from legal advice if I'm unsure about hiring a lawyer yet?

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    How quickly can I expect a response from your team after contacting you?

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Armed with Intent Offences Related Cases

    SUCCESS CASES & ARTICLES

    Brightstone Defence delivers focused criminal defence services year-round and has built a strong track record of successful outcomes.

    We’re working on bringing you more helpful information. Stay tuned.

    Meet our lawyers

    Alex Cao
    Partner Lawyer
    Ernest Chan - Criminal Lawyer
    Ernest Chan
    Special Counsel
    Sharon Yu - Criminal Lawyer
    Sharon Yu
    Associate
    Alex Zhao - Criminal Lawyer
    Alex Zhao
    Associate
    Testimonials

    WORLD CLASS
    REPRESENTATION

    100+ 5 Star Reviews

    Personalised legal strategies tailored to each case

    Recognised leaders in criminal defence law

    Free initial consultation and case evaluation

    Proven success in high-stakes and complex cases

    Thank you to all the lawyers. Both Alexes are extremely professional and responsible. They provided professional judgments and sorted things out patiently. Many thanks to them! I recommend them!
    Elton C
    Ernest Chan has been my lawyer for the last two years, and has been incredible from start to finish. He’s knowledgeable, professional, and always took the time to explain things clearly. He genuinely cares, not just about the case, but about his clients. He’s a great lawyer and a great person. I’m so grateful for everything he’s done!
    M Chalupka
    I’m very grateful to Brightstone Legal for their professional and dedicated service. My lawyer, Ernest Chan, was extremely responsible and considerate. He took my future work requirements into account and successfully helped me achieve an outcome with no conviction, no final AVO, and no more bail. I highly recommend Brightstone to anyone seeking reliable and professional legal representation.
    Rock L
    I’m incredibly grateful to the team at Brightstone for their solid support during a recent criminal charge I faced. The outcome has exceeded my expectations. Brightstone Legal team guided me through every step of the process and underpinned my confidence that I needed. A special thank you to Mr. Alex Cao, Mr. Alex Zhao, and their dedicated team for their exceptional service.
    Roy L
    Alex and Sharon are highly professional, detail-oriented, and truly takes the time to understand the client’s perspective. He provides clear, practical, and well-considered legal advice based on deep expertise and experience. I genuinely felt supported and confident throughout the process. If you’re looking for a trustworthy and capable legal team, this firm is definitely a top choice.
    Shaok L
    Being involved in a legal case is not merely a challenging experience — it can be life-changing. Choosing the right legal team is not solely a matter of cost; it is, in many ways, a decision that can shape your future. Mr. Alex Cao and his team have demonstrated exceptional professionalism, drawing upon their extensive experience and expertise in criminal law.
    Keyy
    Excellent service from start to finish. Professional, responsive, and genuinely caring. Brightstone Legal made a stressful situation manageable. Highly recommend them for anyone needing reliable and knowledgeable legal support.
    Liang F
    I had an excellent experience with Brightstone Legal. From start to finish, the team was professional, knowledgeable, and genuinely dedicated to helping me. They communicated clearly, provided sound legal advice, and always made me feel supported throughout the entire process. I highly recommend Brightstone Legal to anyone in need of reliable and trustworthy legal representation.
    Jeffrey Q
    This law firm was a lifesaver during an incredibly stressful time as I’m facing serious charges. Alex and his team help me and provide thoughtful recommendations for my legal matter. The whole process was easy throughout and professional. I highly recommend this firm to anyone in need of trustworthy legal help.
    Fengrui T
    When you encounter any problems in life and need help, just look for these two lawyers. They will definitely do their best to help us, especially with criminal issues. Alex Cao, Alex Zhao, and Cherry (I've faced serious charges in the past.)If you have any legal problems, just contact them, they are the best choice! PERFECT!
    David
    Thankfully, with the patient support and detailed investigation by Lawyer Cao and his team, the case finally concluded with me being acquitted and released without charges. This case dragged on for two years—it was mentally and emotionally draining. But thanks to Lawyer Cao and his team, who didn’t give up even after losing the first trial, I was eventually found not guilty at the final ...
    Lyt
    Brightstone Legal. Mr Alex Cao of Brightstone Legal and his team guided me through every steps of my case, they are experienced, effective and efficient. Delivered results beyond and above everyone’s expectations. I am really grateful to have the chance to hire him and received help from his team. I recommend this already highly reputable law firm to everyone!
    XNN
    I’m extremely grateful to Lawyer Cherry for helping my boyfriend achieve a very favorable outcome. Cherry and Alex Zhao were both very attentive, taking the time to clearly explain the process and provide us with detailed and professional legal advice. Their dedication made us feel confident that we had chosen the right lawyers and placed our trust in the right people. Thank you!
    Venus C
    I considered myself is very lucky to have Alex Cao as my lawyer and work with his team over the past several months. Alex Cao is excellent lawyer who is highly competent legal practitioner. He and his team showed great dedication, professionalism and compassion throughout my case. Huge appreciation to Alex Cao who spent a lot of time on my matter and successfully got the best possible outcome ...
    Xuefeng L
    I am truly very thankful to Brightstone’s Lawyer Alex Cao. Mr Cao and his team were extremely professional, not only in their legal knowledge but also in patiently answering all of our questions. They demonstrated great patience, approachability, and empathy throughout the process, and paid close attention to every detail. Finally we achieved the best possible outcome for our case.
    Hannah H
    First of all, I would like to thank Alex Cao from Brightstone Legal. My case isn’t an easy one, I was set up by my ex partner, it was stressful and heart broken. The amazing lawyer, Alex Cao went above and beyond to assist with the matter. He was professional, knowledgeable, and always available to answer any questions I had. He took lot of efforts and finally managed to achieve best outcome!
    Rachel Y
    Extremely professional legal services — thank you Lawyer Alex Cao and his team. I was very fortunate to have found Alex Cao right at the moment I encountered difficulties. With his help, I was able to avoid many complicated problems and resolve a major crisis. Over the course, Lawyer Cao not only provided me with legal assistance, but also offered emotional support that helped me pull through.
    Jason G
    When I was facing difficulties and feeling overwhelmed, the team at Brightstone Legal provided me with immediate and professional assistance. From the receptionist to Criminal Lawyer Alex Cao patiently organising the key points of my case and providing precise legal analysis. They not only fought for my best interests but also helped me save 70% of my legal fees. I’m truly grateful ...
    Elizabeth W
    Sharon Yu was efficient, organised and kept it simple. She adapted quickly to an unfamiliar situation and she ensured, given unfamiliarity, to be well-prepared. She helped me get through a legal matter, cared and did a thorough job. Her assistants also. I recommend Sharon Yu and Brightsone Legal to any person needing legal assistance and advice.
    Caitlin G
    Alex Cao has demonstrated excellent professionalism and competence, second to none. Through his intelligence, dedication, skills, and in collaboration with Angela Cook, they've restored my life back in order.
    Jason C
    Compared several legal institutes, I am very glad I finally made this right choice. Thanks very much for Alex Cao's excellent service as my solicitor. He is so professional, nice and patient with a silver tongue and a very quick thinking under different situations. Highly recommend!
    Alan
    A huge thanks to Alex, He made such a thorough effort for my case giving me a great result at the end of my trial, Alex is very nice, patient and has a great attention to detail, I highly recommend anyone to seek legal advice with brightstone!!!
    Tobias S
    To Alex Zhao and Alex Cao, I want to express my heartfelt appreciation for your outstanding legal expertise and dedication. Your relentless efforts, attention to detail, and unwavering support have been instrumental in resolving my case successfully. Your professionalism and genuine concern for my well-being have left a lasting impact. Thank you for being exemplary legal advocates.
    J
    I was facing a legal situation that was causing me a lot of stress and uncertainty, and I am so grateful to have found Alex Cao. His team was professional, attentive, and genuinely caring about my situation. I wholeheartedly recommend Alex Cao to anyone in need of top-notch legal assistance. Their professionalism, knowledge, communication, and genuine care for their clients set them apart.
    LIANG W
    Brightstone legal team provides excellent and professional service for us and help us to achieve the best outcome. We really appreciate the help from Brightstone legal team especially Alex Cao. We will highly recommend to anyone if they need any legal help.
    Iris K
    Alex zhao and Alex cao are very professional and responsible, excellent analysis and handling of the case, and got the best result! The best lawyer I've ever seen in Sydney!
    Tony
    I am deeply grateful to Attorney Cao (Alex) and his team for their professional, compassionate, and knowledgeable representation. They helped me obtain a favorable court result and I am confident that justice has been served. I highly recommend them to anyone who needs legal assistance.
    Jimmy L
    I'm really appreciate Alex as well as Sharon who took over my case from a year ago. Not only have they developed effective strategies coping my court case, but they also helped me achieved unexpected result, which won't affect my visa and potential permanent residency, and I'm grateful to what they have put a lot effort into in the last year.
    Humphrey B
    It's an incredibly professional and efficient team that saved me from the very beginning. A big thank you to Alex Zhao and the entire team for their hard work and dedication.
    Milos P
    I am truly honored to have received help from Alex and his team. With their support, I was able to achieve the best possible outcome in the shortest time and lowest cost. Throughout the entire process, the team maintained highly efficient communication, patently and thoroughly explaining and analyzing every detail ...
    Lei Z

    Get AN instant estimated Quote
    and a free consultation session

    Facing criminal charges? Our experienced criminal defence lawyers are here to help. Book your free consultation now to discuss your case and understand your options.