Causing Danger with Firearm
What is Causing Danger with Firearm?
Causing Danger with a Firearm is an offence that involves a person possessing a loaded firearm or loaded spear gun in a public place, or any other place where endangering another person’s life can occur.
It can include the firing of a firearm of spear gun in or near a public place.
Finally, both the carrying and the firing of the firearm or spear gun must be committed in such a manner likely to injure, or endanger the safety of another with disregard for their safety.
Causing Danger with Firearm & The Law
This is an offence under Section 93G of the Crimes Act 1900.
What the Prosecution need to Prove (Beyond a Reasonable Doubt):
The accused possessed a firearm in a public place or any other place so as to enable the endangering the life of another person;
The accused fired the firearm in or near a public place; and
The accused carried or fired the firearm in a manner likely to injure, or endanger the safety of others with disregard for their safety.
Going to Court – “What am I looking at?”
Causing Danger with Firearm is a serious offence which can carry a maximum penalty in the Local Court of $5,500 fine and up to 2 years imprisonment.
If the Director of Public Prosecution chooses to elect the matter, and have it transferred to the District Court due the seriousness of the offence, the maximum penalty can be up to 10 years imprisonment.
Police will often use this as a back-up charge to more serious charges such as Firing at Dwelling House, where there is insufficient evidence to show that the firing occurred beyond a reasonable doubt.
It is highly recommended to speak to an expert Defence solicitor if you have been charged with this offence, for a clear explanation of the specific evidentiary rules on how this offence is applied and also defended on the particular Police Facts.
Lawyer Call – here to help..
Contact our experienced team of Defence solicitors to obtain appropriate and honest legal advice regarding the prospects of defending this charge and the best course to proceed when going to Court.
Alternatively, if a plea of guilty is more appropriate in the circumstances, our Lawyer call Defence Criminal solicitors have in-depth preparation in gathering and analysing specific medical and supporting documentation to assist your case and make relevant sentencing submissions addressing the early plea of guilty, the circumstances of the offence, as well as any subjective factors that will present an overall picture to achieve the best possible outcome before a Magistrate and obtain a more lenient sentence.