Possess Dangerous Articles Charge - Lawyer / Solicitor Article.

Section 93FB of the Crimes Act states:

93FB Possession of dangerous articles other than firearms

1. A person who, in a public place, possesses: (a) anything (not being a firearm within the meaning of the Firearms Act 1996) capable of discharging by any means:
   (i) any irritant matter in liquid, powder, gas or chemical form or any dense smoke, or
   (ii) any substance capable of causing bodily harm, or
   (b) a fuse capable of use with an explosive or a detonator, or
   (c) a detonator, is liable, on conviction before a Local Court, to imprisonment for 2 years, or a fine of 50 penalty units, or both.
2. A person is not guilty of an offence under this section for possessing anything referred to in subsection (1) if the person satisfies the court that he or she had a reasonable excuse for possessing it or possessed it for a lawful purpose. 
3.  A person is not guilty of an offence under this section for possessing anything referred to in subsection (1) (a) if the person satisfies the court that he or she possessed it for the purpose of self-defence and that it was reasonable in the circumstances to possess it for that purpose. 
4. In considering a defence under subsection (3), the court must have regard to its reasonableness in all the circumstances of the case, including: 
   (a) the immediacy of the perceived threat to the person charged, and
   (b) the circumstances, such as the time and location, in which the thing was possessed, and
   (c) the type of thing possessed, and
   (d) the age, characteristics and experiences of the person charged.
   

Maximum Penalty - Possess Dangerous Articles - Penalties – Lawyer / Solicitor Article

The Maximum penalty for the offence of Possession of Dangerous Articles other than Firearms is a fine 50 penalty units and/or 2 years imprisonment.

What the Police must prove - Possess Dangerous Articles - 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 had in his/her possession a thing (not being a firearm within the meaning of the Firearms Act 1996).
2. The thing was capable of discharging (by any means) any irritant matter in liquid, powder, gas or chemical form or any dense smoke, or any substance capable of causing bodily harm, or a fuse capable of use with an explosive or a detonator, or a detonator.

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 - Possess Dangerous Articles - Defences – Lawyer / Solicitor Article

The Crimes Act provides a defence to the offence.  Sections 93FB(2) and (3) state:

93FB   (2) A person is not guilty of an offence under this section for possessing anything referred to in subsection (1) if the person satisfies the court that he or she had a reasonable excuse for possessing it or possessed it for a lawful purpose.

(3) A person is not guilty of an offence under this section for possessing anything referred to in subsection (1) (a) if the person satisfies the court that he or she possessed it for the purpose of self-defence and that it was reasonable in the circumstances to possess it for that purpose.

Other 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 summary matter and can only be finalised in the Local 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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