Causing Danger with Firearm or Speargun

The offence of Causing Danger with Firearm or Spear Gun is contained at Section 93G of the Crimes Act 1900. The maximum penalty for the offence is 10 years imprisonment. 

What is the Offence of Causing Danger with a Firearm or Speargun?

Section 93G of the Crimes Act 1900 makes it an offence for a person to possess a loaded firearm or speargun in a public place, fires a firearm or spear gun near a public place or carries or fires a firearm or spear gun in a manner likely to injure, endanger safety of any person or property or with disregard for their or others safety. 

The following acts constitute the offence of Causing Danger with a Firearm or Speargun:

• Keeping a loaded firearm in your vehicle and driving to the shops, 
• Failing to unload your spear gun after a drive and leaving the spear gun in the tray of your car,
• Running around and playing games with a spear gun or firearm.

What Must Be Proven?

For a person to be found guilty of the offence of Causing Danger with a Firearm or Speargun the Prosecution must prove each of the following matters beyond a reasonable doubt:

• A person:
  • “Possessed”, 
  • A “loaded firearm” or “loaded speargun”
  • In a public place or in any other place so as to endanger the lift of any other person.
  • Without reasonable excuse for possession for a lawful purpose.

OR

• A person:
  • Fires,
  • A firearm or spear gun, 
  • In or near a “public place”
  • Without reasonable excuse for firing for a lawful purpose. 

OR

• A person
  • Carries or fires, 
  • A firearm or speargun
  • In a manner likely to injure, endanger safety of any person, or with disregard for safety of himself, herself or any other person. 
  • Without reasonable excuse for doing so for a lawful purpose. 

Definitions:

The Act defines a “firearm” as a gun, or other weapon that is (or at any time was) capable of propelling a projectile by means of an explosive, and includes a blank firearm, or an air gun, but does not include a paintball marker within the meaning of the Paintball Act 2018 nor anything declared in the Firearms Regulation 2017 to not be a firearm. 

Section 7 of the Crimes Act 1900 deems a person to be in “possession” of the firearm if they had the property in his or her custody, or knowingly has any such property in the custody of another person, or knowing has any such property in a house, building, lodging, apartment, field, or other place, whether belonging to or occupied by himself or herself or not, and whether such property is there had or placed for his or her own use, or use of another. 

A “public place” is defined by the Crimes Act 1900 to be the place deemed public for the purpose of the enactment or taken to be otherwise within the meaning if the same, although a vessel or vehicle only, or a room, or field, or place, ordinarily private was at the time used for a public purpose, or as a place of common resort, or was open to the public on the payment of money or otherwise.

If the Prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

This offence is a Table 2 offence, which means that it will be dealt with in the Local Court unless the Prosecution elects to have the matter dealt with in the District Court.

Possible Defences to the Offence of Causing Danger with a Firearm or Speargun

The following defences may be available:

• The person was not “in possession” of the firearm or spear gun, 
• The firearm or spear gun was not loaded, 
• The person was not in a “public place”, 
• The person had a reasonable excuse for possession, firing or doing so for a lawful purpose, 

Common Questions about the Offence of Causing Danger with a Firearm or Speargun

Will I receive a criminal conviction?

A conviction and criminal record for this offence is very likely. 

In NSW, a Court can impose any of the following penalties:

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for Causing Danger with a Firearm or Speargun might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover a conviction for an offence of violence can completely rule out certain career paths such as teaching and a range of government employment options. Violent offences may also result in sentences that include imprisonment even where an individual has no previous convictions.

Will I go to Gaol for an offence of Causing Danger with Firearm or Speargun charge?

Whether a person will go to Gaol for the offence of Causing Danger with a Firearm or Speargun depends very much on the circumstances of their individual matter. It may also depend on whether the charge is finalized in the Local or the District Court, with the District Court having a longer Gaol term available as a sentencing option (up to 10 years imprisonment) compared to the Local Court (up to 2 years in the case of one sequence or 3 years in the case of multiple offences). 

For example, someone who fired a firearm in a public place with previous convictions for unauthorised possession or use of firearms and public disorder offences would be treated more harshly and is more likely to receive a term of imprisonment compared to a person with no prior criminal history carrying a loaded spear gun and was behaving with disregard for public safety.  

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.