This article will discuss legal provisions for explosives and firearms offences in Australia, specifically in New South Wales (NSW). People who have access to firearms and explosives should have the right licence for it. The penalties for explosives and firearms offences in NSW vary depending on the specific offence and the circumstances surrounding it. They can include:
- Fines
- Imprisonment
- Probation; and
- Other consequences
That’s why it’s essential to learn more about provisions for offences about explosives and firearms under the Crimes Act 1900 (NSW).
Section 93F: Interpretation of Explosives and Firearms Offences
Section 93F deals with the interpretation of explosives and firearms offences. This section defines the terms used including:
- Firearm: This has the same meaning as it does in the Firearms Act 1996. A firearm is any device that can discharge a projectile by the action of an explosive.
- Imitation firearm: This is a device that looks like a real firearm, but is not capable of firing a projectile.
- Pistol: This is a firearm that a party can hold and fire with one hand.
- Prohibited firearm: This is a firearm that a person cannot possess without a licence.
- Unregistered firearm: This is a firearm that does not have registration under the Firearms Act 1996.
- Vehicle: A caravan or anything else designed to be drawn by a vehicle or animal.
A person who is in a vehicle or vessel in a public place is considered to be in that place for the purposes of this Division.
Section 93FA: Possession, Supply or Making of Explosives
Section 93FA of explosives and firearms offences outlines the possession, supply, and making of explosives. It consists of three subsections:
Subsection (1): It is an offence for a person to possess an explosive in a public place. A public place is any area that is open to the public, such as a park, shopping centre, or beach. The maximum penalty for this offence is imprisonment for 5 years.
Subsection (2): It is an offence for a person to:
- Possess an explosive under circumstances that give rise to a reasonable suspicion that the person did not possess the explosive for a lawful purpose.
- Supply or make an explosive under circumstances that give rise to a reasonable suspicion that the person did not supply or make the explosive for a lawful purpose.
The maximum penalty for this offence is imprisonment for 3 years or a fine of 50 penalty units, or both.
Subsection (4): This subsection provides a defence to the offences in subsections (1) and (2). A person is not guilty of an offence against these subsections if:
- They can prove to the court that they had a reasonable excuse for possessing or making the explosive; or
- They did so for a lawful purpose.
Section 93FB: Possession of Dangerous Articles Other Than Firearms
Section 93FB of explosives and firearms offences has four subsections:
Subsection (1): It is an offence for a person to possess in a public place anything that is capable of:
- Discharging any irritant matter or substance
- Any substance capable of causing bodily harm.
The maximum penalty for this offence is imprisonment for 2 years or a fine of 50 penalty units, or both.
Subsection (2): This subsection provides a defence to the offence in subsection (1). A person is not guilty of an offence under this section if:
- They can prove to the court that they had a reasonable excuse for possessing the dangerous article; or
- They possessed it for a lawful purpose.
Subsection (3): This subsection provides a person who possesses a dangerous article in a public place for the purpose of self-defence. The person must be able to prove to the court that:
- They perceived an immediate threat to their safety; and
- It was reasonable in the circumstances to possess the dangerous article for self-defence.
Subsection (4): This subsection sets out the factors that the court must consider when determining whether the defence in subsection (3) is available. These factors include the:
- Immediacy of the perceived threat;
- Circumstances in which the dangerous article was possessed;
- Type of dangerous article; and
- Age, characteristics, and experiences of the person charged.
Section 93G: Causing Danger With Firearm or Spear Gun
Section 93G of explosives and firearms offences deals with the offence of causing danger with a firearm or spear gun. It has three subsections:
Subsection (1): It is an offence for a person to do any of the following:
- Possess a loaded firearm or spear gun in a public place.
- Possess a loaded firearm or spear gun in any other place so as to endanger the life of another person.
- Fire a firearm or spear gun in or near a public place.
- Carry or fire a firearm or spear gun in a manner likely to injure or endanger the safety of themselves, another person, or property.
The maximum penalty for this offence is imprisonment for 10 years.
Subsection (2): Subsection 2 of explosives and firearms offences defines meaning of a “firearm” or “spear gun” for the purposes of this section.
1. Firearm: A firearm is considered to be loaded if there is ammunition in:
- Its chamber or barrel; or
- Any magazine or other device that can be used to load the firearm
2. Spear gun: A spear gun is considered to be loaded if it has a spear or other similar instrument fitted to it.
Subsection (3): This subsection provides a defence to the offence in subsection (1). A person is not guilty of an offence under this section if they can prove to the court that:
- They had a reasonable excuse for possessing or doing the act in question; or
- They possessed or did it for a lawful purpose.
Section 93GA: Firing at Dwelling-Houses or Buildings
Section 93GA of explosives and firearms offences is divided into four subsections:
Subsection (1): This subsection deals with the offence of firing a firearm, with reckless disregard for the safety of any person. at:
- A dwelling-house; or
- Other building
The maximum penalty for this offence is imprisonment for 14 years.
Subsection (1A): It is an offence for a person to fire a firearm at a dwelling-house or other building during a public disorder with reckless disregard for the safety of any person. The maximum penalty for this offence is imprisonment for 16 years.
Subsection (1B): It is an offence for a person to fire a firearm at a dwelling-house or other building in the course of an organised criminal activity with reckless disregard for the safety of any person. The maximum penalty for this offence is imprisonment for 16 years.
Subsection (2): It is not necessary to prove that a person was actually in danger in order to be get conviction of an offence under this section.
Furthermore, Subsection (3) states that if a person is tried for an offence under this section and the jury is not satisfied that the person is guilty of the offence, but is satisfied that the person is guilty of an offence under section 93G or 93H, the jury may find the person not guilty of the offence charged but guilty of an offence under section 93G or 93H.
Subsection (4)
Lastly, this subsection states that if a person is tried for an offence under subsection (1A) or (1B) and the jury is not satisfied that the person is guilty of the offence, but is satisfied that the person is guilty of an offence under subsection (1), the jury may find the person not guilty of the offence charged but guilty of an offence under subsection (1).
Section 93H: Trespassing With or Dangerous Use of Firearm or Spear Gun
Section 93H of deals with the offence of trespassing with or dangerous use of a firearm or spear gun. This subsection about divided into three subsections:
Subsection (1): This subsection makes it an offence for a person to enter any building or land (other than a road) while possessing a:
- Firearm
- Imitation firearm
- Spear gun; or
- Imitation spear gun.
This is the case unless the person:
- Is the owner or occupier of the building or land;
- Has the permission of the owner or occupier;
- Has a reasonable excuse; or
- Is doing so for a lawful purpose.
Moreover, the maximum penalty for this offence is imprisonment for 5 years.
Subsection (2): It is an offence for a person to fire a firearm or spear gun in or into any building or on or onto any land unless the person:
- Is the owner or occupier of the building or land;
- Has the permission of the owner or occupier;
- Has a reasonable excuse; or
- Is doing so for a lawful purpose.
Additionally, the maximum penalty for this offence is imprisonment for 10 years.
Subsection (3): This subsection states that the onus of proving the matters referred to in subsections:
- (1)(a), (b), and (c); and
- (2)(a), (b), and (c)
lies with the defendant.
Section 93I: Possession of Unregistered Firearm in Public Place
Section 93I deals with the offence of possessing an unregistered firearm in a public place. This section about explosives and firearms offences is divided into three subsections:
Subsection (1): This subsection makes it an offence for a person to possess an unregistered firearm in a public place. This is the case if the person is not authorised under the Firearms Act 1996 to possess the firearm. The maximum penalty for this offence is imprisonment for 10 years.
Subsection (2): It is an offence for a person to commit an offence under subsection (1) in circumstances of aggravation. The maximum penalty for this offence is imprisonment for 14 years.
Subsection (3): Lastly, this subsection defines what is meant by “circumstances of aggravation” for the purposes of subsection (2). An offence under subsection (1) is committed in “circumstances of aggravation” if the offence involves the possession of:
- More than one unregistered firearm;
- An unregistered firearm that is a pistol; or
- An unregistered firearm that is a prohibited firearm.
Importance of Seeking Legal Advice About Explosives and Firearms Offences
The importance of seeking legal advice about explosives and firearms offences cannot be overstated. These are serious offences with severe penalties. Therefore, it is important to have an experienced criminal lawyer who can help you understand your rights and options. A lawyer can help you in a number of ways, including:
- Explaining the law to you and your rights
- Advising you on the best course of action
- Representing you in court
- Negotiating with the prosecution
- Preparing a defence
- Appealing a conviction
JB Solicitors is a law firm that specialises in criminal law. We have a team of experienced lawyers who can help you with any explosives or firearms offence. Our team will work hard to protect your rights and get the best possible outcome for you.
Contact us today for more information about explosives and firearms offences.