Possess Explosives in a Public Place

Possess explosives in a public place

 

The Law 

Section 93FA of the Crimes Act states:

1. A person who possesses an explosive in a public place is guilty of an offence. Maximum penalty: Imprisonment for 5 years.
2. A person who possesses or makes an explosive, under circumstances that give rise to a reasonable suspicion that the person did not possess or make the explosive for a lawful purpose, is guilty of an offence. Maximum penalty: Imprisonment for 2 years or 50 penalty units, or both. 
3. An offence against subsection (2) is a summary offence.
4. A person is not guilty of an offence against subsection (1) or (2) for possessing or making an explosive if the person satisfies the court that he or she had a reasonable excuse for doing so or did so for a lawful purpose.

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Maximum penalty -

The maximum penalty for the offence of possession of explosives is 5 years imprisonment.

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What the police must prove 

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 possessed an explosive.
2. It was in a public place.

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.

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Possible defences 

The Crimes Act provides a defence to the offence.  Section 93FA(4) states:

93FA(4) A person is not guilty of an offence against subsection (1) or (2) for possessing or making an explosive if the person satisfies the court that he or she had a reasonable excuse for doing so or did so for a lawful purpose.

Other possible defences to this offence include but are not limited to

1. Duress
2. Necessity

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What court is likely to hear the matter 

This matter is strictly indictable which means that it can only be finalised in the District Court.

 

Disclaimer

The information contained in this page was accurate at the time it was published. You should confirm the accuracy of this information with us or another solicitor before relying upon it. For free confirmation please contact Armstrong Legal.

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.