Custody of a Knife Offences

• 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.

• 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.

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.

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.

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.

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 Charges may be reduced or withdrawn where evidence of intent is weak, inconsistent, or unsupported.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.

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.

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.

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.

• 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.

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.

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.

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.

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.

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.

• 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.

• 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.

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.

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.