Dangerous Use of Firearm or Spear Gun - s93H(2) Crimes Act

October 20, 2022

Being charged with the dangerous use of a firearm or spear gun is a serious offence that can have serious consequences for your life and future.



PLEADING NOT GUILTY


The prosecution must prove two things beyond a reasonable doubt before you can be found guilty of dangerously using a firearm or spear gun:


  • You used a firearm or a spear gun to attack a building.
  • That you had no reasonable excuse or legal reason for doing so.


If you believe that either of these elements cannot be proven - for example, if you did not fire the firearm or spear gun, or if you believe you had a reasonable excuse or lawful purpose - our attorneys can assist you in fighting the charges to prove your innocence.


We can do this by urging the charges to be dropped at an early stage, highlighting any flaws in the prosecution's evidence, or by presenting evidence to prove your side of the story.


If necessary, our highly respected advocates can fight your case in court by presenting all relevant evidence and questioning all relevant witnesses.


We can also assist you in raising any defences that explain your actions, such as:


  • Where you were coerced or threatened into firing the firearm or spear gun (duress)
  • Where firing the firearm or spear gun was necessary to prevent serious injury or danger (necessity)
  • Where firing the firearm or spear gun was necessary to protect yourself, your property or another person (self-defence)
  • Where you were the owner of the property on which the weapon was fired, or where the owner of the property has given you permission to use the weapon on their property
  • Where you had a lawful purpose for using the firearm or spear gun – for example, for approved hunting or the approved culling of animals.


If the court accepts your defence, you will be found ‘not guilty.’



PLEADING GUILTY


You could also simply accept the allegations levelled against you. In these circumstances, you might want to enter a guilty plea as soon as possible.


You may get a better outcome in your dangerous use of a firearm or spear gun case if you enter an early guilty plea.


This is because you will avoid the time and expense of a hearing or trial to determine your guilt, and, more importantly, you may receive a less severe penalty because you will be demonstrating to the court that you accept responsibility for your actions.


Before pleading guilty, you should consult with an experienced criminal lawyer who can best advise you on your available options.


If you intend to plead guilty, you should be aware of the maximum penalties that may apply in this case.


If your case is heard in the Local Court, the maximum penalty for dangerously using a firearm or spear gun is two years in prison and/or a $5,000 fine.


In some cases, the prosecution can choose to have the matter heard in the District Court, where the maximum penalty is 10 years imprisonment.


However, these are maximum penalties only, and they will only apply in the most serious cases.