What is Control of Body Armour?

by Doogue + George Criminal Defence Lawyers

This is a criminal offence charged against someone who is found to be possessing, using, manufacturing, selling, or buying body armour. It may also be charged against a person who brings, or is involved in, bringing body armour into Victoria.

Examples of Control of Body Armour

Without an exemption:

  • You buy, sell or possess a bullet proof vest
  • You possess or manufacture shields or protective armour

What are some of the possible defences to a Control of Body Armour charge?

  • You did not possess the body armour
  • You have an exemption for the body armour

There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions in cases like this

  • Was it really ‘body armour’?
  • What are the exemptions and do they apply to me?

 Maximum penalty and court that deals with this charge

The maximum penalty for this offence is a fine of 240 penalty units or imprisonment for 2 years. As this is a summary offence, this case will be heard at the Magistrates’ Court.

 What is the legal definition of Control of Body Armour?

Without an exemption, Control of Body Armour is when a person brings body armour into Victoria or causes body armour to be brought into Victoria; or when a person manufactures, sells, buys, possess, or uses body armour.

Legislation

The section that covers this offence is section 8A of the Control of Weapons Act 1958.

What can you be sentenced to for this charge?

Your sentence will depend on the type of body armour and how much of it was in your possession.

Have you been charged with the offence of Control of Body Armour? Contact a lawyer and know all your available legal options. Doogue + George Defence Lawyers is an expert at providing criminal defence against charges related to firearms and weapons offences. Talk to one of our criminal law specialists.

Visit this page where this article was originally published: https://www.criminal-lawyers.com.au/offences/control-body-armour.



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