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Possessing or Making an Explosive

Firearm Offences – NSW

Welcome to the NSW Possessing or making an explosive article page. Everything you need to know about Possessing or making an explosive according to NSW law – Dated: 01/09/2009

What the Law States according to NSW Law for Possessing or making an explosive

According to NSW Law for the charge of Possessing or making an explosive:

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
56048 Possess explosive in public place-T2
63268 Possess, supply or make explosive for unlawful purpose -T2

The Maximum Penalty – Possessing or making an explosive

According to NSW Law for the charge of Possessing or making an explosive:

The maximum penalty for the charge of possessing or making an explosive (Section 93FA of the Crimes Act) is 5 years imprisonment.

In NSW, a court can impose any of the following penalties for a possessing or making an explosive charge.

  • Section 10: possessing or making an explosive 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 possessing or making an explosive, if heard in the Local Court, is likely to be a good behaviour bond under section 9 of the Crimes (Sentencing Procedure) Act for a period of 12 months.

For first time offenders the likely penalty is a fine of $500.

District Court

If the matter is finalised in the District Court the likely penalty is imprisonment for a period of 18 months.

What the Police must prove according to NSW Law for Possessing or making an explosive

To convict you of a possessing or making an explosive charge, the police must prove each of the following matters beyond a reasonable doubt:

  1. Materials for explosives, or explosives themselves were in your possession
  2. The explosive was in a public place
  3. A reasonable suspicion that you were going to use the explosive or materials unlawfully

They will also need to prove that you were the person who committed the possessing or making an explosive offence.

Possible Defences under NSW Law – Possessing or making an explosive

Possible defences to a possessing or making an explosive charge include but are not limited to:

  • Duress
  • Necessity
  • Self Defence

In NSW which court will hear the matter – Possessing or making an explosive

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

Section 10 for a Possessing or making an explosive 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 Possessing or making an explosive 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 Possessing or making an explosive 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 Possessing or making an explosive 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 Possessing or making an explosive 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 Possessing or making an explosive charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order for a Possessing or making an explosive 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 Possessing or making an explosive charge: This is the most serious penalty for the charge of Possessing or making an explosive and involves full time detention in a correctional facility.

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