Armed With Intent and Offensive Weapon Charges – Community-Based Outcome Secured
How We Kept a 19-Year-Old Out of Prison on Armed Offensive Weapon Charges
Our firm recently represented a young man in the Blacktown Local Court facing two serious indictable offences arising from an alleged road-rage incident in Western Sydney.
Police alleged that our client, then only 19 years of age, exited a vehicle armed with a metal rebar pole following a traffic altercation on the M7 motorway. It was further alleged that he approached two complainants while armed, swung the metal bar, and caused injury during the confrontation. As a result, he was charged with:
- Armed with intent to commit an indictable offence, contrary to section 114(1)(a) of the Crimes Act 1900 (NSW); and
- Use/Possess an offensive weapon with intent to commit an indictable offence, contrary to section 33B(1)(a) of the Crimes Act 1900 (NSW).
The allegations carried significant consequences, including the real prospect of imprisonment if convicted. The original Court Attendance Notice and police facts reflected the seriousness of the prosecution case.
Admissions, Dashcam Footage, and Serious Public Violence Allegations
This matter presented substantial forensic difficulty. The prosecution relied upon:
- Admissions made during police interview;
- Dashcam footage said to partially capture the incident;
- Victim statements alleging the use of a weapon; and
- The inherently serious nature of public violence involving an offensive weapon.
Compounding matters, the prosecution opposed an application made on mental health grounds.
Building a Sentencing Case Around Psychiatric Evidence and Rehabilitation
Jones Hardy Law undertook an extensive preparation strategy, including:
- Obtaining a psychiatric assessment and supervised treatment plan;
- Gathering multiple character references and vocational records demonstrating our client’s otherwise positive background;
- Preparing detailed written and oral submissions on both mental health law and sentencing principles;
- Arguing that the offending occurred during a period of significant psychological instability and that rehabilitation, rather than incarceration, was the appropriate sentencing outcome.
Although the Court ultimately declined the mental health diversion application, we identified potential appealable errors in the reasoning and preserved that position while continuing to advance our client’s interests at sentence.
A Community Correction Order Instead of Full-Time Custody
Following extensive oral submissions, the Court was persuaded to impose a community-based outcome rather than full-time custody.
Our client received:
- Convictions recorded on both offences;
- Monetary fines only;
- Two-year Community Correction Orders with supervision;
- Conditions requiring psychiatric treatment and anger management; and
- No term of imprisonment.
A related common assault matter was also finalised without further penalty.
The final post-court correspondence confirms that both matters were successfully resolved on these terms, allowing our young client to remain in the community, continue treatment, maintain employment, and move forward with his life.
Why Preparation Counts in Serious Weapon Offence Cases
Weapon-related offences in New South Wales are treated with considerable seriousness. In this case, careful preparation of subjective evidence, psychiatric material, and focused sentencing advocacy allowed our client to avoid custody despite highly serious allegations.
Need assistance with a criminal law matter in New South Wales? Get in touch with Nick Hardy today.