Where the Crown charges possession of an offensive weapon with intent to commit an indictable offence under s 33B(1)(a) of the Crimes Act 1900 (NSW), the indictable offence must be particularised in the indictment where the nature of the intended offence is in dispute. Determining the accused's intention as a preliminary issue separate from the sentence hearing risks procedural unfairness, particularly where evidence relevant to intention may emerge at the later hearing. If the Crown alleges an intention to murder and the accused disputes this, a trial on that issue may be necessary.
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