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WA Police with Search Warrant for Drugs - Took Old Weapon Instead?

Discussion in 'Criminal Law Forum' started by Paul56, 29 January 2016.

  1. Paul56

    Paul56 Active Member

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    The police came to my house with a specific search warrant (misuse of drugs act 1981). It had no name of the occupier, just the house number and car rego. They searched the premises and vehicle for drugs and found nothing with respect to the warrant issued. they did, however, find an old disused triggerless crossbow. They said it is a prohibited weapon, and took it away. They also said they will be in touch and that I may be charged with an offence.

    Can they do that under Criminal Law (considering it was a warrant for drugs, not weapons) and if so, how long will it be before they charge me?
     
  2. Ponala

    Ponala Well-Known Member

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    Yes they can, if it is located consequential to an authorised search.
     
  3. Paul56

    Paul56 Active Member

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    Ok, thanks for that. So they haven't actually charged me with anything about the prohibited weapon yet, or am I just wishful thinking that they may not?
     
  4. Tim W

    Tim W Lawyer

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    Depends.
    Maybe they just haven't decided yet.
    They have several years to decide.
     
  5. TKC

    TKC Well-Known Member

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    Owning a crossbow without an exemption notice is certainly illegal, and therefore possessing a crossbow outside the exemptions is a $36,000 fine and three years' jail in WA. The state of the prohibited weapon will only be at issue in police discretion in deciding whether to pursue prosecution. They might think it's something you've had lying around forever in an old cupboard and never used, or they may think that it might be used by you and prosecution is warranted to dissuade you from possessing similar prohibited weapons in the future.
     
  6. Tim W

    Tim W Lawyer

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    Agreed.
    That's the line taken with, for example, war relic firearms
    that are found in the depths of a back shed.
     
  7. Paul56

    Paul56 Active Member

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    Well, they came this morning and gave me my prosecution notice. I have been charged with: not being a person exempted under subsection (2), (3) or under section 10, possessed a prohibited weapon. Might be time to get my things in order I'd say. Looks like a holidays a commin.

    Thanks for the comments

    PS. Legal Aid doesn't come here and the price of a criminal lawyer to be here is too much.
     
  8. Paul56

    Paul56 Active Member

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    Thank you Tim W
     
  9. JS79

    JS79 Well-Known Member

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    It might be worth getting some legal advice though. With the penalties you face you would want to know what defence you could use to get your risk of imprisonment/fine down.
    Do you have a criminal record?
    Have you done something like this in the past?
     
  10. Paul56

    Paul56 Active Member

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    Just a sixteen-year-old charge of threatening behavior. Never had a weapons charge of any kind before.
     

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