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Possess in Public Place Non-firearm Capable of Bodily Harm

Weapons Offences – NSW

Welcome to the NSW Possess in public place non-firearm capable of bodily harm article page. Everything you need to know about Possess in public place non-firearm capable of bodily harm according to NSW law – Dated: 31/01/2011
 

What the Law States according to NSW Law for Possess in public place non-firearm capable of bodily harm

According to NSW Law for the charge of Possess in public place non-firearm capable of bodily harm,

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
56052 Possess in public place non-firearm for discharging irritant
56053 Possess in public place non-firearm capable of bodily harm
56054 Possess fuse capable of use with explosive or detonator
56055 Possess detonator in public place

 

The Maximum Penalty – Possess in public place non-firearm capable of bodily harm

According to NSW Law for the charge of Possess in public place non-firearm capable of bodily harm:

The maximum penalty for the charge of possession of dangerous articles other than firearms (Section 93FB of the Crimes Act) is a fine of 50 penalty units and/or 2 years imprisonment.

In NSW, a court can impose any of the following penalties for a possession of dangerous articles other than firearms charge.

  • Section 10: Indecent Assault 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 possess in public place non firearm capable of bodily harm, if heard in the Local Court, is likely to be a bond under section 10 of the Crimes (Sentencing Procedure) Act.
 

What the Police must prove according to NSW Law for Possess in public place non-firearm capable of bodily harm

To convict you of a possession of dangerous articles other than firearms charge, the police must prove each of the following matters beyond a reasonable doubt:

  1. You 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.

They will also need to prove that you were the person who committed the possession of dangerous articles other than firearms offence.
 

Possible Defences under NSW Law – Possess in public place non-firearm capable of bodily harm

Possible defences to a possession of dangerous articles other than firearms charge include but are not limited to:

  • Duress
  • Necessity
  • Self Defence

 

In NSW which court will hear the matter – Possess in public place non-firearm capable of bodily harm

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


Section 10 for a possession of dangerous articles other than firearms 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 possession of dangerous articles other than firearms charge: When deciding the amount of a fine for a possession of dangerous articles other than firearms charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set.

Good behaviour bond for a possession of dangerous articles other than firearms 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 possession of dangerous articles other than firearms 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 possession of dangerous articles other than firearms 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 possession of dangerous articles other than firearms charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order for a possession of dangerous articles other than firearms 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 possession of dangerous articles other than firearms charge: This is the most serious penalty for a possession of dangerous articles other than firearms charge and involves full time detention in a correctional facility.

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