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Home » Criminal Law » Criminal Offences » Firearms

Consequences of Firearms Offences in Australia

Firearms and Weapons charges are treated very seriously by courts and are considered to very serious offences, leading to possibly full-time imprisonment if found guilty.

Firing at dwelling houses or buildings

Firing at dwelling-houses or buildings is considered a very serious offence under section 93GA of the Crimes Act 1900 which carries the maximum penalty of 16 years imprisonment. This is done by establishing if you have fired a firearm at a house-dwelling with reckless disregard for others safety.

The maximum penalty for Firing at dwelling-houses or building is 16 years imprisonment if charged with ‘Fired at a house or building with reckless disregard for the safety of other persons during a public disorder’ or ‘Fired at a house or building with reckless disregard for the safety of other persons in the course of an organized criminal activity’.

 

Although, the judge has the power to deal with this offence in different manners such as:

 

  • Fine
  • Community Correction Order
  • Section 10 Dismissal
  • Conditional Release Order
  • Intensive Correction Order
  • Prison

The key elements which the Prosecution must prove against you to be convicted of this offence are that:

 

  • You fired a firearm at a house or building, buildings can include tents, vehicles boats or temporary shelter structures. An imitation firearm can also be considered as firearms;
  • You did so with ‘reckless disregard’ for the safety of other people, whereby you were conscious or should’ve known that your actions could have resulted in harm to another person.

 

Additional elements are required by the Prosecution if you are being charged with more serious offences of:

  • ‘Firing at a dwelling-house or building with reckless disregard for the safety of other persons during a public disorder,’ whereby it must be proved that you fired the weapon during a ‘public disorder’ which is a civil disturbance that poses a risk to public safety i.e violent protest.

or

 

  • ‘Firing at a house or building with reckless disregard for the safety of other persons in the course of an organised criminal activity.’ Whereby it must be proved that you fired the weapon at a house or building during an ‘organised criminal activity’. This can refer to criminal conduct which has been planned by a criminal group.

The most common defences for Firing at dwelling-houses or buildings are:

  • Duress
  • Self Defence, and
  • Necessity

Unauthorised possession of firearms in aggravated circumstances

Unauthorised possession of firearms in aggravated circumstances is similar yet more serious to the offence of ‘possess or use of unlicensed firearms’ under section 51D of the Firearms Act 1996, which prohibits the possession of more than three firearms which aren’t registered and the person who possess them aren’t licensed.

Although the matter may stay in the Local Court whereby the maximum penalty is 2 years imprisonment and/or a $5,500 fine, if the matter is heard in the District Court and any of the weapons shown are a pistol or prohibited weapon the maximum penalty is 20 years imprisonment.

 

The court has the power to deal with this offence in different manners such as:

 

  • Fine
  • Community Correction Order
  • Section 10 Dismissal
  • Conditional Release Order
  • Intensive Correction Order
  • Prison

Although being similar to the offence of ‘possess or use of unlicensed firearms’ the prosecution is also required to prove an addition ‘circumstance of aggravation’.

Therefore, to be found guilty the prosecution move prove beyond a reasonable doubt that:

 

  • You had three or more firearms in your possession
  • The firearms were not registered
  • You did not hold an appropriate firearms license

In instances of more serious matters the the following element may also be required:

 

  • Any of the firearms in the persons possession was a prohibited firearm

The most common defences for Unauthorised possession of firearms in aggravated circumstances are:

  • Duress whereby you were coerced or threatened into possessing or using the firearms.
  • Self Defence to protect yourself, your property, or another person
  • Necessity as the possession of the firearm was necessary to prevent serious injury.

Causing danger with firearm or spear gun

Section 93G of the Crimes Act 1900 constitutes Causing danger with firearm or spear gun as carrying or firing a firearm or spear gun in a manner likely to injure, or endanger the safety of, himself or herself or any other person or any property, or with disregard for the safety of himself or herself or any other person.

If you are found guilty of causing danger with a firearm or spear gun, you will face a maximum penalty of 2 years imprisonment and/or a $5,500 fine if your matter is dealt with in the Local Court.

 

However, if your matter is serious and the prosecution chooses to have it heard in the District Court, you could face a harsher maximum penalty of 10 years imprisonment.

 

Although, the judge has the power to deal with this offence in different manners such as:

 

  • Fine
  • Community Correction Order
  • Section 10 Dismissal
  • Conditional Release Order
  • Intensive Correction Order
  • Prison

Before you can be found guilty of causing danger with a firearm or spear gun, the prosecution has to prove certain factors (known as ‘elements’) beyond a reasonable doubt:

 

  • You possessed an unregistered firearm in a public place or in any other place so as to endanger the life of another person;or
  • You possessed a loaded firearm or spear gun in a public place or any place which could endanger another person; or
  • You fire a firearm in or near a public place; or
  • You carry or fire a firearm in a manner likely to injure or jeopardize the safety of yourself or any other person or property or without regard for the safety of yourself or the public.

A loaded firearm is considered to have cartridges or shells in either the chamber, or magazine, or both. It can also be considered as having another device which is in a position that the ammunition can be fitted into its chamber or barrel by operation or some other part of the firearm. A spear gun is loaded if a spear, or anything resembling a spear is fitted to it.

The most common defences for Causing danger with firearm or spear gun are:

  • Duress whereby you were coerced or threatened into possessing or using the firearms.
  • Self Defence to protect yourself, your property, or another person
  • Necessity
  • A lawful reason to possess the firearm

If the police have charged you or a loved one, you must attend court. Appearing in court for a criminal charge is usually daunting. Let us help you make the process easier. Here are 10 reasons to choose our team of criminal lawyers from Lyons Law Group;

 

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