Discharging a Missile to Endanger a Person or Property (Vic)
Under section 7G of the Summary Offences Act 1966, it is an offence to throw or discharge a missile to the injury of or danger to any person or damage to any property. This offence is punishable by a fine of 25 penalty units or imprisonment for six months or both. This article outlines the offence of discharging a missile to endanger a person or property in Victoria.
Elements of the offence
For a person to be found guilty of this offence, the prosecution must prove beyond a reasonable doubt the following elements:
- That the accused threw or discharged a stone arrow or other missile, and
- This action caused injury or danger to a person or damage to property.
When will a person be charged with this offence?
An example of an offence involving discharging a missile to endanger a person or property is as follows. A person is in a verbal argument with family members and in a moment of frustration, picks up a half-filled water bottle and throws it in the direction of family members who are standing next to a vehicle. The throwing of the water bottle results in the vehicle being damaged.
Usually, when a person is charged with this offence, they are also charged with other offences against the person, such as unlawful assault, conduct endangering life, recklessly cause injury or intentionally cause injury.
It is also important to note that if the offending giving rise to this charge occurs in the context of family violence, it will meet the definition of an act of family violence. Family violence is defined to include behaviour by a person towards a family member of that person that is physically abusive, emotionally, or psychologically abusive, threatening, coercive or in any other way controls or dominates a family member and causes that family member to feel fear for the safety or wellbeing of that family member or another person. Importantly, family violence also includes behaviour that causes a child to hear or witness or otherwise be exposed to the effects of these behaviours.
What are the possible penalties for discharging a missile to endanger a person or property?
The maximum penalty is a fine of not more than 24 penalty units (currently $181.74 for 1 penalty unit) or a term of not more than 6 months imprisonment or both.
Where will my case be heard?
Matters involving discharged a missile to endanger a person or property are dealt with in the Magistrates Court or Children’s Court as the offence is a summary offence.
What to do next?
If you have been charged with discharging a missile to endanger a person or property, do not speak to the police before seeking legal advice.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.