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Causing Danger With Firearm or Spear Gun

Firearm Offences – NSW

Welcome to the NSW Causing danger with firearm or spear gun article page. Everything you need to know about Causing danger with firearm or spear gun according to NSW law – Dated: 01/09/2009

What the Law States according to NSW Law for Causing danger with firearm or spear gun

According to NSW Law for the charge of Causing danger with firearm or spear gun:

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
64865 Possess loaded firearm public place (DV)-T2
436 Possess loaded firearm public place-T2
64866 Possess loaded spear gun public place (DV)-T2
437 Possess loaded spear gun public place-T2
438 Possess loaded firearm endanger life non-public place-T2
64867 Possess loaded firearm endanger life not public (DV)-T2
439 Possess loaded spear gun endanger life non-public place-T2
64868 Possess loaded spear gun endanger life not public (DV)-T2
64869 v Fire firearm in or near public place (DV)-T2
440 Fire firearm in or near public place-T2
64870 Fire spear gun in or near public place (DV)-T2
441 Fire spear gun in or near public place-T2
64871 Carry firearm manner likely injure person/property (DV)-T2
442 Carry firearm manner likely injure person/property-T2
64872 Carry spear gun manner likely injure person/property (DV)-T2
443 Carry spear gun manner likely injure person/property-T2
64873 Fire firearm manner likely injure persons/property (DV)-T2
444 Fire firearm manner likely injure persons/property-T2
64874 Fire spear gun manner likely injure person/property (DV)-T2
445 Fire spear gun manner likely injure person/property-T2

The Maximum Penalty – Causing danger with firearm or spear gun

According to NSW Law for the charge of Causing danger with firearm or spear gun:

The maximum penalty for the charge of causing danger with firearm or spear gun (Section 93G of the Crimes Act) is ten years imprisonment.

In NSW, a court can impose any of the following penalties for an causing danger with firearm or spear gun charge.

  • Section 10: causing danger with firearm or spear gun 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

Local 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 danger with firearm or speargun, if heard in the Local Court, is likely to be a suspended sentence under section 12 of the Crimes (Sentencing Procedure) Act.

For first time offenders the likely penalty is a good behaviour bond under section 9 of the Crimes (Sentencing Procedure) Act for a period of 18 months.

District Court

If the matter is finalised in the District Court the likely penalty is imprisonment for a period of 3 years.

What the Police must prove according to NSW Law for Causing danger with firearm or spear gun

To convict you of a causing danger with firearm or spear gun charge, the police must prove each of the following matters beyond a reasonable doubt:

  1. You possessed a loaded firearm or loaded spear gun in a public place, or in any other place, or the accused fired a firearm or spear gun in or near a public place, or the accused carries or fires a firearm or spear gun in a manner likely to injure, or endanger the safety of, himself or herself or any other person or any property, or with disregard for the safety of himself or herself or any other person.
  2. It was done so as to endanger the life of any other person.

They will also need to prove that you were the person who committed the causing danger with firearm or spear gun offence.

Possible Defences under NSW Law – Causing danger with firearm or spear gun

Possible defences to an causing danger with firearm or spear gun charge include but are not limited to:

  • Duress
  • Necessity
  • Self Defence

In NSW which court will hear the matter – Causing danger with firearm or spear gun

This matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Section 10 for a Causing danger with firearm or spear gun 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. Read more.

Fines for a Causing danger with firearm or spear gun 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 Causing danger with firearm or spear gun 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 Causing danger with firearm or spear gun 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 Causing danger with firearm or spear gun 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 Causing danger with firearm or spear gun charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order for a Causing danger with firearm or spear gun 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 Causing danger with firearm or spear gun charge: This is the most serious penalty for the charge of Causing danger with firearm or spear gun and involves full time detention in a correctional facility.

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