Firing at Dwelling Houses or Buildings Charge - Lawyer / Solicitor Article.

Section 93GA of the Crimes Act states:

1. A person who fires a firearm at a dwelling-house or other building with reckless disregard for the safety of any person is liable to imprisonment for 14 years. 
2. In the prosecution of an offence under this section, it is not necessary to prove that a person was actually placed in danger by the firing of the firearm. 
3. If, on the trial of a person for an offence under this section, the jury is not satisfied that the accused is guilty of the offence but is satisfied on the evidence that the person is guilty of an offence under section 93G or 93H, it may find the person not guilty of the offence charged but guilty of an offence under section 93G or 93H, and the accused is liable to punishment accordingly.

Maximum Penalty - Firing at Dwelling Houses or Buildings - Penalties – Lawyer / Solicitor Article

The Maximum penalty for the offence of Firing at a Dwelling house or building is 14 years imprisonment.

What the Police must prove - Firing at Dwelling Houses or Buildings - 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 at a dwelling-house or other building.
2. It was done with reckless disregard for the safety of any person.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

Possible Defences - Firing at Dwelling Houses or Buildings - 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 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 criminallaw@armstronglegal.com.au 

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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