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Firing at Dwelling House or Buildings

Firearm Offences – NSW

Welcome to the NSW Firing at dwelling house or buildings article page. Everything you need to know about Firing at dwelling house or buildings according to NSW law – Dated: 01/09/2009

What the Law States according to NSW Law for Firing at dwelling house or buildings

According to NSW Law for the charge of Firing at dwelling house or buildings:

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
64875 Fire firearm at dwelling-house disregard for safety(DV)-SI
52812 Fire firearm at dwelling-house with disregard for safety-SI
64876 Fire firearm at not dwelling disregarding safety (DV)-SI
52813 Fire firearm at other than dwelling disregarding safety-SI
64877 Fire firearm at dwelling-house during public disorder DV-SI
60715 Fire firearm at dwelling-house during public disorder-SI
64878 Fire firearm at non dwelling during public disorder (DV)-SI
60716 Fire firearm at non dwelling-house during public disorder-SI

The Maximum Penalty – Firing at dwelling house or buildings

According to NSW Law for the charge of Firing at dwelling house or buildings:

The maximum penalty for the charge of firing at dwelling houses or buildings (Section 93GA of the Crimes Act) is 14 years imprisonment.

In NSW, a court can impose any of the following penalties for a firing at dwelling houses or buildings charge.

  • Section 10: firing at dwelling houses or buildings 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 firing at dwelling houses or buildings, if heard in the District Court, is likely to be imprisonment for a period of 4 ½ years.

For first time offenders the likely penalty is a suspended sentence under section 12 of the Crimes (Sentencing Procedure) Act.

What the Police must prove according to NSW Law for Firing at dwelling house or buildings

To convict you of a firing at dwelling houses or buildings charge, the police must prove each of the following matters beyond a reasonable doubt:

  1. You fired a firearm at a dwelling-house or other building.
  2. It was done with reckless disregard for the safety of any person.

They will also need to prove that you were the person who committed the firing at dwelling houses or buildings offence.

Possible Defences under NSW Law – Firing at dwelling house or buildings

Possible defences to a firing at dwelling houses or buildings charge include but are not limited to:

  • Duress
  • Necessity
  • Self Defence

In NSW which court will hear the matter – Firing at dwelling house or buildings

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

Section 10 for a Firing at dwelling house or buildings 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 Firing at dwelling house or buildings 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 Firing at dwelling house or buildings 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 Firing at dwelling house or buildings 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 Firing at dwelling house or buildings 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 Firing at dwelling house or buildings charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order for a Firing at dwelling house or buildings 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 Firing at dwelling house or buildings charge: This is the most serious penalty for the charge of Firing at dwelling house or buildings and involves full time detention in a correctional facility.

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