The offence of causing danger with a firearm or spear gun is set out in Section 93G of the Crimes Act 1900 (NSW). It carries a maximum penalty of 10 years imprisonment.

Elements

A person commits this offence if they:

• Possess a loaded firearm or spear gun in a public place, or anywhere, in a way that endangers the life of another person, or
• Fires a firearm or spear gun in or near a public place or
• Carries or fires a firearm or spear gun in a manner likely to injure someone or endanger safety or property.

Firearm & Spear Gun

For this section, a firearm is considered loaded if there is ammunition in the chamber, barrel, magazine or other device that is in a position that the ammunition can be fitted into its chamber or barrel. A spear gun is loaded when a spear or an instrument, or a thing similar to a spear is fitted to it.

Reasonable Excuse

A person is not guilty of an offence under the section for possessing or doing anything referred to in subsection (1) if the person satisfies the court that he or she had a reasonable excuse for possessing it or doing it, or possessed it or did it for a lawful purpose.

Penalty

The maximum penalty for the offence is 10 years imprisonment.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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