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Possess Dangerous Articles

Firearm Offences – NSW

Welcome to the NSW Possess dangerous articles article page. Everything you need to know about Possess dangerous articles according to NSW law – Dated: 01/09/2009

What the Law States according to NSW Law for Possess dangerous articles

According to NSW Law for the charge of Possess dangerous articles:

The Maximum Penalty – Possess dangerous articles

According to NSW Law for the charge of Possess dangerous articles, the Maximum penalty for the offence of Possession of Dangerous Articles other than Firearms is a fine 50 penalty units and/or 2 years imprisonment.

What the Police must prove according to NSW Law for Possess dangerous articles

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

  1. The accused had in his/her possession a thing (not being a firearm within the meaning of the Firearms Act 1996).
  2. The thing was capable of discharging (by any means) any irritant matter in liquid, powder, gas or chemical form or any dense smoke, or any substance capable of causing bodily harm, or a fuse capable of use with an explosive or a detonator, or a detonator.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

Possible Defences under NSW Law – Possess dangerous articles

The Crimes Act provides a defence to the offence. Sections 93FB(2) and (3) state:

93FB (2) A person is not guilty of an offence under this section for possessing anything referred to in subsection (1) if the person satisfies the court that he or she had a reasonable excuse for possessing it or possessed it for a lawful purpose.

(3) A person is not guilty of an offence under this section for possessing anything referred to in subsection (1) (a) if the person satisfies the court that he or she possessed it for the purpose of self-defence and that it was reasonable in the circumstances to possess it for that purpose.

Other possible defences to this offence include but are not limited to

  • Duress
  • Necessity
  • Self Defence

In NSW which court will hear the matter – Possess dangerous articles

This matter is a summary matter and can only be finalised in the Local Court.

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