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Causing Bodily Injury By Gun Powder

Assaults / Violence Offences – NSW

Welcome to the NSW Causing bodily injury by gun powder article page. Everything you need to know about Causing bodily injury by gun powder according to NSW law – Dated: 01/09/2009

What the Law States according to NSW Law for Causing bodily injury by gun powder

According to NSW Law for the charge of Causing bodily injury by gun powder:

On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:

Law Part Short Description
64761 Burn/maim etc by exploding gunpowder etc (DV)-SI
95 Burn/maim etc by exploding gunpowder etc-SI
92 Burn/maim etc by maliciously exploding other substance-SI
94 Burn/maim etc by the malicious use of destructive matter-SI
64760 Burn/maim etc by using corrosive fluid etc (DV)-SI
93 Burn/maim etc by using corrosive fluid etc-SI
64762 Do grievous bodily harm by exploding gunpowder etc (DV)-SI
98 Do grievous bodily harm by exploding gunpowder etc-SI
96 Do grievous bodily harm by maliciously exploding other substance-SI
97 Do grievous bodily harm by maliciously using any destructive matter-SI
64763 Do grievous bodily harm by the use of corrosive fluid etc (DV)-SI
99 Do grievous bodily harm by the use of corrosive fluid etc-SI

The Maximum Penalty – Causing bodily injury by gun powder

According to NSW Law for the charge of Causing bodily injury by gun powder:

The maximum penalty for the charge of cause bodily injury with gunpowder (Section 46 of the Crimes Act) is 25 years imprisonment.

In NSW, a court can impose any of the following penalties for an cause bodily injury with gunpowder charge.

  • Section 10: cause bodily injury with gunpowder proven but dismissed
  • Fine
  • Good behaviour bond
  • Community service order (CSO)
  • Suspended sentence
  • Intensive correction order (previously periodic detention)
  • Home detention
  • Prison sentence

You’ll find a brief description of each of these penalties at the bottom of this page.

Likely Penalty

District Court

Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of causing bodily injury by gun powder, if heard in the District Court, is likely to be a suspended sentence with supervision.

What the Police must prove according to NSW Law for Causing bodily injury by gun powder

To convict you of a cause bodily injury with gunpowder charge, the police must prove each of the following matters beyond a reasonable doubt:

  1. You used either gunpowder or other substance, corrosive fluid, or destructive matter;
  2. It caused the victim to be burned, maimed, disfigured or disabled or suffered grievous bodily harm;
  3. The act of the accused was done maliciously.

They will also need to prove that you were the person who committed the cause bodily injury with gunpowder offence.

Possible Defences under NSW Law – Causing bodily injury by gun powder

Possible defences to an cause bodily injury with gunpowder charge include but are not limited to:

  • Duress
  • Necessity
  • Self Defence

In NSW which court will hear the matter – Causing bodily injury by gun powder

This matter is strictly indictable which means that it can only be finalised in the District Court.

Section 10 for a cause bodily injury by gun powder charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead.

Fines for a cause bodily injury by gun powder charge: When deciding the amount of a fine for a possession of data with intent charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set.

Good behaviour bond for a cause bodily injury by gun powder charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years.

Community service order for a cause bodily injury by gun powder charge (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order.

Suspended sentence for a cause bodily injury by gun powder charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years.

Periodic detention for a cause bodily injury by gun powder charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order for a cause bodily injury by gun powder charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service.

Jail for a cause bodily injury by gun powder charge: This is the most serious penalty for the charge of cause bodily injury by gun powder and involves full time detention in a correctional facility.

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