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Dangerous use of Firearm or Spear Gun Charge - Lawyer / Solicitor Article.

The Law - Dangerous use of Firearm or Spear Gun - Law – Lawyer / Solicitor Article

Section 93H states:

1. A person who, possessing a firearm, imitation firearm, spear gun or imitation spear gun, enters any building or land (other than a road), unless the person:
   (a) is the owner or occupier of the building or land or has the permission of the owner or occupier, or
   (b) does so with a reasonable excuse, or
   (c)  does so for a lawful purpose, is liable to imprisonment for 5 years.
2. A person who fires a firearm or spear gun in or into any building or on or on to any land, unless the person:
   (a) is the owner or occupier of the building or land or has the permission of the owner or occupier, or
   (b) does so with a reasonable excuse, or
   (c) does so for a lawful purpose, is liable to imprisonment for 10 years. 
3. The onus of proving the matters referred to in subsection (1) (a), (b) and (c) and subsection (2) (a), (b) and (c) lies with the defendant.

Maximum Penalty - Dangerous use of Firearm or Spear Gun - Penalties – Lawyer / Solicitor Article

What the Police must prove - Dangerous use of Firearm or Spear Gun - Lawyer / Solicitor Article

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

1. The accused fired a firearm or spear gun in or into any building or on or on to any land.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Possible Defences - Dangerous use of Firearm or Spear Gun - Defences – Lawyer / Solicitor Article

Possible defences to this offence include but are not limited to

1. Duress
2. Necessity
3. Self Defence

What court is likely to hear the matter - Lawyer / Solicitor Article

This matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court.  If no election is made it will be dealt with in the Local Court.

Disclaimer

It is most important that you understand that each criminal case is different. While the material in this page is intended to be relevant to the majority of cases, it may not apply to every case.

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