If you have possession of a loaded firearm or a loaded spear gun in a public place, or any place where another life could be endangered you may be charged with Causing Danger with Firearm or Spear Gun. Section 93G of the Crimes Act 1900 states that any person who possesses a loaded firearm or loaded spear gun in a public place, or in any other place so as to endanger the life of any other person, or fires a firearm or spear gun in or near a public place, or carries or fires a firearm or spear gun in a manner likely to injure, or endanger the safety of, himself or herself or any other person or any property, or with disregard for the safety of himself or herself or any other person, is guilty of an offence.

In order to be found guilty of Causing Danger with Firearm or Spear gun the prosecution must prove
beyond reasonable doubt that:

• You had in your possession, an unregistered firearm or spear gun in a public
  place or in any other place so as to endanger the life of another person; or
• You fired a firearm in or near a public place; or
• You carried or fired a firearm in a manner likely to injure, or endanger the safety of yourself or any other person or property or with disregard for the safety of yourself or any other 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 Causing Danger with Firearm or Spear Gun, 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 or judge 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 Causing Danger with a Firearm carries a maximum penalty of $5,500.00 and/or 2 years imprisonment in the Local Court and 10 years imprisonment in the District Court. If you have been charged with Causing Danger with firearm then call and speak to one of our experienced lawyers today to best advise you on how to deal with the 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 Causing Danger with a Firearm 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 possession of the firearm causing danger. 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 possession of a firearm causing
  danger to prevent serious injury, danger or death.
  .
• Self Defence- Where it was crucial that you took possession of a firearm causing danger to protect yourself, another person or property.

The burden of proof is on the prosecution to prove beyond a reasonable doubt that you possessed an unregistered firearm in a public place or in any other place so as to endanger the life of another person; or you fired a firearm in or near a public place; or you carried or fired a firearm in a manner likely to injure, or endanger the safety of yourself or any other person or property or with disregard for the safety of yourself or any other person. If the prosecution fail to prove these elements then you will be found not guilty.