Possessing Explosives in a Public Place - s93FA(1) Crimes Act

October 26, 2022

Possession of explosives in a public area might have a significant impact on your life, preventing you from pursuing your future goals.


Your Options:


Admitting No Guilt


To establish guilt for possession of explosives in a public place, the prosecution must prove beyond a reasonable doubt two elements:


  • Your possession of an explosive


  • When you were in possession of the explosive, you were in a public location.


A public place is any location that is accessible to the general public. This includes parks, commercial centres, pubs, public reserves, etc.


If you do not believe the prosecution can show both of these criteria beyond a reasonable doubt, you may decide to enter a not guilty plea.


Our attorneys can attempt to get the charges reduced if you have a good justification or legal reason for carrying the explosive, such as demolition work, cultural celebrations, sporting events, scientific study, or artistic endeavours.


Typically, this leads in the charges being withdrawn at an early stage without incurring the cost or time of going to court.


If the prosecution refuses to drop the accusations, our great attorneys will actively defend your case in court by presenting all evidence to prove your case and interviewing witnesses thoroughly.


We will also inform you of any possible explanations for your behaviour, such as:


  • Where you were compelled or threatened to possess the explosives (duress)


  • The possession of the explosive was required to prevent major harm or danger (necessity)


  • You possessed the explosive to defend yourself, your property, or someone else (self-defence)


  • Where you had a justifiable justification for holding the explosive, such as for employment purposes as mentioned above.


If you have been charged with possession of an explosive in a public place, it is imperative that you retain the services of an experienced criminal defence attorney as quickly as possible, since a conviction might result in severe penalties.



A Guilty Plea


Sometimes, you may not choose to fight the charges; rather, you may wish to just plead guilty and accept the allegations against you.


If you have decided to submit a guilty plea, it is recommended that you do so as soon as possible, as doing so will demonstrate to the court that you have accepted responsibility for your conduct; as a result, you may receive a more lenient punishment.


However, prior to pleading guilty, it is essential to consult with an expert criminal attorney who can advise you on your choices. In certain instances, you may be able to provide a defence and obtain a "not guilty" conviction.


If you are contemplating a guilty plea, you should also be informed of the maximum penalties that could apply.


Under the statute, the maximum penalty if your case is considered before the Local Court is two years in prison or a $5,500 fine.


However, if the prosecution chooses to have your case considered in District Court, the maximum possible sentence increases to five years in prison.


However, these are simply the maximum punishments; they will only be applied in the most severe circumstances. After reviewing the facts and circumstances, the magistrate or court will determine the appropriate punishment in your case.