Trespass with Firearm Offences

Lawyers NSW

What is Trespass With Firearm?

This offence involves a person entering any type of building or land while possessing a firearm or spear gun, or a replica of either, without a lawful excuse for its possession.

Trespass with Firearm & The Law

This is an offence under Section 93H(1) of the Crimes Act 1900.

What the Prosecution need to Prove (Beyond a Reasonable Doubt):


  • The accused was in the possession of a firearm, spear gun, or a replica of either; and

  • The accused entered the land or building while possessing the firearm or spear gun, without a lawful excuse for carrying it.

Going to Court – “What am I looking at?”


This offence is usually heard before a Magistrate in the Local Court where the maximum penalty if a term of imprisonment of up to 2 years.


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 5 years imprisonment.


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 or Judge and obtain a more lenient sentence.



“I cannot begin to thank Paul for his tireless efforts with my case. Would recommend them anybody with a criminal matter their clear communication and expert advice got me my best possible outcome”


—  Casey, Nurse


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