Draft guideline for consultation only. Draft guidelines should not be taken into account when sentencing.
A ‘weapon’ can take many forms and may include a shod foot
The use or production of a weapon has relevance
- to the culpability of the offender where it indicates planning or intention to cause harm; and
- to the harm caused (both physical or psychological) or the potential for harm.
Relevant considerations will include:
- the dangerousness of the weapon;
- whether the offender brought the weapon to the scene, or just used what was available on impulse;
- the context in which the weapon was threatened, used or produced.