Possession of Dangerous Articles other than Firearms - s93FB Crimes Act

Possession of a dangerous item other than a handgun can be criminal.

With Sydney's most experienced criminal lawyers, you may feel guaranteed you'll achieve a favourable conclusion, no matter how serious the allegations.

Choose

NOT GUILTY

The prosecution must establish three things beyond a reasonable doubt to convict someone of possessing a dangerous non-firearm item.

You possessed a non-firearm deadly weapon

The deadly weapon could discharge an irritant or other harmful substance, or a fuse or detonator for an explosive.

You had the firearm in public

If you believe the prosecution can't prove these criteria, you may want to plead not guilty.

Our trained weapons professionals can help you fight the charges.

In many situations, our lawyers have been able to get these charges withdrawn early by pointing out flaws in the prosecution's case. This saves our clients time and money.

Should the prosecution refuse to withdraw the accusations, our convincing advocates will fight hard to safeguard your innocence in court by summoning all favourable witnesses and presenting compelling evidence.

We can also advise if there are any defences to the accusations that could result in a not-guilty verdict.

Common defences:

You were persuaded or threatened into owning the risky item (duress)

When the risky item was needed to prevent harm (necessity)

When you needed to protect yourself, your property, or someone else (self-defence)

Where you had a reasonable excuse for possessing the item, such as if you were a woman strolling alone at night and had been attacked before.

The court will analyse all the facts and circumstances of the case, including:

Threat immediacy

The item's time and location

Item's nature

The accused's age, traits, and experiences

Confession

If you're guilty, plead guilty.

In some circumstances, pleading guilty early might show the court that you take responsibility and are remorseful. This could reduce your punishment.

Before pleading guilty, consult an expert criminal lawyer as there may be a method to fight the accusations and get a 'not guilty' judgement.

If convicted, you may face 2 years in prison and/or a $5,500 fine.

This maximum penalty will only be applied in the most extreme circumstances.