WA Taser possession while on CSIO

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Car

Active Member
11 January 2018
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Hi, I have been charged with possessing a prohibited weapon in a way likely to cause fear (taser). I am currently on a 12 month conditional suspended imprisonment order and a 12 month community based order, is that likely to make the outcome more serious? I have looked online and haven't been able to find much info. I pulled a taser on someone who started a fight with me in town would this be a relevant defence to possibly get the charge downgraded? Am looking for any info in relation to this charge. Thanks.
 

sammy01

Well-Known Member
27 September 2015
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So read the info on your conditional suspended imprisonment order... I think the basic answer is there... BUT without all the information it is hard to provide accurate info on a site like this... BUT I'll have a go...
So what crime did you commit to get yourself on the conditional imprisonment order?
I reckon one of the conditions was that you don't commit any more crimes... So I reckon you're gonna face being re-sentenced on the original crime that got you in a position to have the conditional imprisonment order placed on you... You are going to be sentenced for breaching the conditional imprisonment order and you're going to be sentenced for possessing a prohibited weapon....

And no - self defence because someone started a fight isn't going to be a relevant defence... Mate 99.99% of people walk around this country each day without possessing a prohibited weapon...IF you think you need a weapon because of a chance that someone might pick a fight with you, I would suggest you want to think about what you're doing to make that possibility a likely scenario, because like I said, 99.9% of the population are not walking around with prohibited weapons - just in case...
 
Last edited:

Car

Active Member
11 January 2018
11
0
31
So read the info on your conditional suspended imprisonment order... I think the basic answer is there... BUT without all the information it is hard to provide accurate info on a site like this... BUT I'll have a go...
So what crime did you commit to get yourself on the conditional imprisonment order?
I reckon one of the conditions was that you don't commit any more crimes... So I reckon you're gonna face being re-sentenced on the original crime that got you in a position to have the conditional imprisonment order placed on you... You are going to be sentenced for breaching the conditional imprisonment order and you're going to be sentenced for possessing a prohibited weapon....

And no - self defence because someone started a fight isn't going to be a relevant defence... Mate 99.99% of people walk around this country each day without possessing a prohibited weapon...IF you think you need a weapon because of a chance that someone might pick a fight with you, I would suggest you want to think about what you're doing to make that possibility a likely scenario, because like I said, 99.9% of the population are not walking around with prohibited weapons - just in case...

I got the CSIO for agg burg and the CBO for attempted burg
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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820
2,894
Sydney
In the worst case scenario, and depending in part on how they lay the charges,
you could be looking at something like...
  • a penalty for the Possess Prohibited Weapon offence; and
  • a separate penalty for the offence of using it that time you did; and
  • a separate offence, perhaps affray, for the fight you were having where you produced it;
    for which there can be a separate penalty and
  • a penalty for breaching the conditions attached to the suspension(s)
    of your sentence(s) for the earlier offences; and
  • serving out the balance of your suspended sentence in full time custody.
Because we don't know who you are, nothing about the circumstances of the offences,
and nothing about your own criminal history (no, don't tell us),
we can't really guess what the actual penalties will be.
That said, full time custody is not out of the question here.

There are two things you should think hard about - pleading guilty early,
to take advantage of any discounts you might get for doing so, and
arranging your personal affairs so that your outside life won't fall apart
while you are serving whatever full time sentence you might get.
 

Clancy

Well-Known Member
6 April 2016
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69
2,289
Most countries wish they only had tasers to worry about for their citizens to carry around. So, were pretty lucky here, or unlucky if you believe in self defense!