Going Equipped for Theft with Offensive Weapon

This is a more serious charge than Going Equipped For Theft. The maximum penalty rises to a fine of 500 penalty units and/or imprisonment for 5 years, from 300 penalty units and 3 years’ imprisonment. A “related offence” for this charge includes only four things – robbery, aggravated robbery, burglary and aggravated burglary – and not the six listed for the simpliciter offence.

The Criminal Code 2002 stipulates that an “offensive weapon” includes the following:

• anything made or adapted for use for causing injury to or incapacitating a person;
• anything that a person has with the intention of using, or threatening to use, to cause injury to or incapacitate someone else;
• a firearm, or anything that may reasonably be taken in the circumstances to be a firearm;
• a knife, or anything that may reasonably be taken in the circumstances to be a knife;
• an explosive, or anything that may reasonably be taken in the circumstances to be or contain an explosive.

What the police must prove, possible defences and which court will hear a matter are the same as for the simpliciter offence.

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