Trespassing with Firearm or Speargun - s93H(1) Crimes Act

September 8, 2022

Being charged with trespassing with a firearm or spear gun can have a negative impact on your life, interfering with your ability to work and travel.



PLEADING NOT GUILTY


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


  • That you entered a building or land without the owner’s permission (trespass)
  • That you had in your possession a firearm, imitation firearm, spear gun or imitation spear gun


If you believe the prosecution will not be able to prove these two elements beyond a reasonable doubt, you may wish to plead 'not guilty' to the charges.


Our firearms experts can then advocate for the charges to be dropped before you go to court by pointing out any flaws in the prosecution's evidence or explaining your side of the story, along with any evidence that supports your case.


For example, you could argue that you were not trespassing because you had permission from the property's owner, or that the weapon you had did not match the description above.0


your options, including whether you have a relevant defence, for example:


  • Where you were coerced or threatened into trespassing with the weapon (duress)
  • Where trespassing with the weapon was necessary to prevent serious injury or danger (necessity)
  • Where you committed the offence to protect yourself, your property or another person (self-defence)
  • Where you were unaware that you were trespassing honest and reasonable mistake of fact



PLEADING NOT GUILTY


If you do not want to fight the charges in court, you may want to enter a guilty plea.


In many cases, entering a guilty plea early can be advantageous because it saves you the time, expense, and inconvenience of having your case heard in court.


It may also result in a more favourable outcome for you because it demonstrates to the court that you have accepted responsibility for your actions. This may result in a lower penalty than if you were found guilty after a hearing or trial.


However, before pleading guilty to any offence, you should consult with an experienced lawyer who can examine your case and advise you on whether you have a defence.


If you intend to plead guilty, you should be aware of the maximum penalties that may be imposed.


In most cases, your case will be heard in the Local Court, where the maximum penalty is two years in prison.


In more serious cases, however, the prosecution may choose to have the case heard in District Court, where the maximum penalty is 5 years in prison.


It's important to note that these are the maximum penalties, so they'll only be applied in extreme cases.