If you have fired a firearm at a dwelling/house or other building and were reckless with disregarding the safety of another person then you may be charged with firing at dwelling/house or other building. An example of this is a drive by shooting. It is not necessary that anyone was endangered by you firing at the dwelling house or building. Even if there was no one inside the house or building you will still be charged with firing at dwelling/houses or other building.
Section 93GA of the Crimes Act 1900 states that a person who fires a firearm at a dwelling/house or other building with reckless disregard for the safety of any person is guilty of an offence.
In order to be found guilty of Firing at dwelling-house or building the prosecution must prove beyond reasonable doubt that:

• You fired a firearm;
• At a dwelling-house or other building;
• With reckless disregard for the safety of another person

If any of these elements cannot be proven beyond reasonable doubt then you will be found not
guilty.

What are my options?

You may choose to plead guilty or not guilty.

Pleading Guilty

If you accept and agree with the charge firing at dwelling/house or other building, then you agree with what the police have alleged. An early plea of guilty entitles you to a 25% discount on sentence. It is definitely worth getting in touch with one of our experienced solicitors at the earliest, so that our solicitors can try their best to negotiate the police facts of the charge and the charge itself. It is common for experienced solicitors to try and negotiate the facts that the magistrate will read when sentencing you. The facts the magistrate reads will give the magistrate and understanding of what sentence you should receive.
Our experienced solicitors can have the facts amended or better yet have the charge negotiated to a different and less serious charge. Speak to one of our experienced team today.
The penalty for Firing at dwelling-houses or building carries a maximum penalty of 14 years imprisonment in the District Court. If the police establish that the offence was committed during a public disorder or in the course of an organised criminal activity then the maximum penalty is 16 years imprisonment. If you are facing charges of Firing at Dwelling-Houses or Building call and speak to one of our experienced lawyers today to best advise you on how to deal with the charge. This is a serious charge, our lawyers will come up with the best strategy for you and strive to achieve the best result.

Pleading Not Guilty

If you disagree with the firing at dwelling/house or other building charge, then it is best you enter a plea of not guilty.

Defences that can be used are:

• Duress: Where you were seriously threatened to take unauthorised possession
or use a prohibited firearm. Your actions taken need to be reasonable in that your conduct was to avoid serious death or injury.

• Necessity: Where it was vital that you took unauthorised possession or used a
prohibited firearm to prevent serious injury, danger or death.

• Self Defence: Where it was crucial that you took unauthorised possession or
used a prohibited firearm to protect yourself, another person or property.

The burden of proof is on the prosecution to prove beyond a reasonable doubt that you fired a firearm at a house or building, with reckless disregard for the safety of another person. If the prosecution fail to prove these elements then you will be found not guilty.