Firing at Dwelling Houses
What is Firing at Dwelling?
This is an extremely serious offence that involves a person firing at a house or other building, and often referred to as a ‘drive by shooting’. A dwelling house can include any type of building structure that is designed for the purposes of residential living. A Building can also include a vehicle, vessel or other form temporary shelter.
Firing at Dwelling & The Law
Firing at Dwelling is an offence under Section 93GA of the Crimes Act 1900.
What the Prosecution need to Prove (Beyond a Reasonable Doubt):
The accused fired a firearm;
The accused fired the firearm at a dwelling house or other type of building structure;
The accused fired with a reckless disregard for the safety of another person
Going to Court – “What am I looking at?”
Firing at Dwelling is a strictly indictable offence which means that the matter will only be heard in higher courts such as the District Court.
It is an extremely serious offence which carries a maximum penalty of up to 14 years imprisonment.
If the offence is committed during public unrest or disorder, such as a riot, or if is committed as part of organised criminal gang activity, it carries a maximum penalty of up to 16 years.
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 fighting this in Court at a trial before a Jury.
At Lawyer Call we have the expertise and appropriate Barristers and Senior Legal Counsel available for trial work. We understand that the correct management of such a sensitive case through the long Court processes is crucial to putting up the right fight.
We believe in fighting the right fight for all our clients, particularly with tough charges such as this. We will assist you in analysing exactly what evidence the Prosecution will seek to rely on.
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 Judge and obtain a more lenient sentence.