Possessing, Supplying or Making an Explosive - s93FA(2) Crimes Act

October 31, 2022

Being charged with owning, supplying, or manufacturing an explosive can turn your world upside down and have a negative impact on your future ambitions.


Your Options


Admitting No Guilt


To establish guilt, the prosecution must prove beyond a reasonable doubt the following:


  • That you had, supplied, or manufactured an explosive
  • In the event that there is a reasonable suspicion that you did not have an authorised cause for possessing, providing, or manufacturing the explosive, you may be prosecuted.


If you believe that the prosecution cannot prove these elements beyond a reasonable doubt, you may decide to enter a "not guilty" plea.


You may also wish to enter a not-guilty plea if you have a valid justification or lawful purpose for possessing, selling, or manufacturing the explosive, such as if you had the explosive for work-related purposes, such as demolition, or for festivities, scientific research, or artistic purposes.


You will then be able to defend yourself in court by producing proof demonstrating your innocence.


For instance, you may wish to provide an explanation or justification for your actions:


  • Where you were threatened or blackmailed into possessing, manufacturing, or providing explosives (duress)
  • Possession, production, or distribution of the explosive was required to prevent significant injury or danger (necessity)
  • You owned, manufactured, or provided the explosive to defend yourself, your property, or another individual (self-defence)
  • Where you had a valid excuse for holding, creating, or supplying the explosive, such as for work-related reasons, as mentioned previously.


If you have been charged with possessing, manufacturing, or providing an explosive, it is crucial that you retain the services of a skilled attorney.



Admitting Guilt


If you do not desire to contest the allegations, you may wish to submit a guilty plea.


By pleading guilty early on, you will demonstrate to the court that you accept responsibility for your acts, which could result in a more favourable outcome. This may convince the magistrate or judge to grant you a less sentence.


However, prior to pleading guilty to the accusations, you should always consult with a criminal attorney, who will be able to advise you on whether there is a viable defence strategy.


You should also be aware of any potential maximum penalties.


If your case is considered in the Local Court, you could face up to two years in prison and/or a fine of $5,500.


In more severe circumstances, however, the prosecution may elect to have your case heard in District Court, where the maximum sentence is three years in prison and/or a $5,500 fine.


However, these are maximum penalties that will only be imposed in the most severe circumstances.


With the assistance of a competent criminal attorney, you may be able to avoid jail by convincing the magistrate to impose an alternative punishment.