Armed With Intent to Commit an Indictable Offence

April 19, 2024

The teenage boy charged over a stabbing attack inside a Sydney church was placed on a good behavior bond for armed with intent to commit an indictable offense three months earlier. 

He was charged with a range of criminal offenses in November 2023 after an incident at a Sydney train station involving other teenage boys.

The boy was found in possession of a flick knife and charged with being armed with intent to commit an indictable offence, stalking and/or intimidation and recklessly destroy or damage property.

The alleged offense occurred at a mass service at Assyrian Orthodox Church Christ The Good Shepherd Church in Wakeley that was being broadcast online. Bishop Mar Mari Emmanuel sustained lacerations to his head after being attacked.  

The 53-year-old underwent surgery. A 39-year-old man also sustained cuts and a shoulder injury while attempting to intervene.

Two police officers were also injured after crowds who had assembled after the incident smashed police cars in violent scenes. 

He was on bail until his last court appearance in January, where his case was “proven” but dismissed with a good behavior bond.

He was not subject to any court orders or supervision by law enforcement during his latest attack.

He was arrested at the scene after being held down by members of the church. Following his arrest, he was hospitalized for injuries to his fingers.

New South Wales Police Commissioner Karen Webb declared the stabbing a “terrorist incident.” This assessment was supported by ASIO.

Premier Chris Minns stated, “this is a major and serious criminal investigation, it is crucial that NSW Police are able to devote their resources and intelligence as well as officers to the investigation of this crime”. 

Section 114 of the Crimes Act 1900 (NSW) defines Armed with intent to commit an indictable offense as intending to commit an indictable offense while armed with a weapon or instrument.

This is a ‘Table 1’ offense under the Criminal Procedure Act 1986 (NSW). As such, it is finalized in the Local Court unless yourself or the prosecution elects to deal with it in the District Court.

The following defenses apply to Armed with intent to commit indictable offense:

  1. the prosecution cannot prove that you were armed with a weapon or instrument
  2. the prosecution cannot prove that you intended to commit an indictable offence
  3. Self-defense: Your actions were necessary for your protection and a reasonable response to the circumstances
  4. Duress: You were forced to commit the offense
  5. Necessity: You needed to commit the offense

The maximum penalty for Armed with intent to commit an indictable offense is 7 years imprisonment.

The statistics for armed with intent to commit indictable offenses show that avoiding a conviction is very difficult. Ten times as many people are sentenced to jail than receive a Section 10 dismissal. As such, if you wish to avoid jail and a conviction, you should speak to a specialist criminal defense solicitor armed with the intent to commit an indictable offense.


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