Make Or Supply Explosive – s 93FA Crimes Act 1900 (NSW)
Facing firearms charges of possessing, supplying or making explosives is daunting without a specialist criminal defence lawyer to give experienced realistic advice and guidance. Our Sydney senior criminal defence lawyers are experts in this field and know exactly how to maximise your chances at avoiding a criminal record and prison. They have achieved this countless times by proving their clients innocence in court and getting these charges dropped early.
Your Options in Court
PLEADING NOT GUILTY
You can only be guilty if police can prove each of the elements under your particular charge:
If charged with s93FA(1):
- You were in possession of an explosive; and
- You were in a public place at the time
If charged with s93FA(2):
- You possessed, supplied or made an explosive; and
- In circumstances that give rise to a reasonable suspicion it was not for a lawful purpose
You will be not guilty, and your charge dismissed in court if police are unable to prove each of those elements of your charge beyond reasonable doubt.
Defences to this charge
You will be Not Guilty if:
- You had a reasonable excuse for possessing or making the explosive, or you did it for a lawful purpose. i.e. Cultural, festival, sporting events or work purposes
- You either didn’t have possession of the explosive, or you didn’t know of its existence.
- It’s possible there are other persons who have possession of it independently of you. i.e. the explosive was found in a shared house
- Duress or Necessity: where you were threatened and forced to, or you did it to avoid serious injury.
For finding and strengthening your best defence, speak to one of our specialist firearms lawyers. They have often convinced police to drop these charges early, and are known to specialise in just that for over 20 years.
If you decide to plead guilty to a firearm offence of possessing, supplying or making explosives, be sure to get experienced guidance and realistic advice from one of our specialist firearms lawyers to get the best chances at avoiding prison and a criminal conviction.
25% Discount on punishment
Pleading guilty at the earliest time in your case to an offence of possessing, supplying or making explosives will result in a much more lenient punishment and better outcome. This is because it will result in a discount on your punishment of up to 25% automatically.
The discount begins to reduce the later the plea of guilty is entered in court. This is why it’s critical to get realistic and experienced advice as early as possible by a lawyer specialising in firearms cases.
Good character references
Powerful good character reference letters expressing your good character, remorse, insight into your offending behaviour and shame often allows the Judge reading it to give you a more lenient punishment. Each reference letter should come from a friend, employer or colleague, family, charity and a letter of apology from you.
Our senior lawyers will review each one and guide you through the process before its handed to the Judge to read for your sentence.
Negotiate to drop charges
There is always some potential to get your charge dropped early. Our lawyers specialise in this, and have successfully negotiated and convinced police to drop firearms charges countless times for over 20 years. This has often been achieved by our senior lawyers carefully reading the police evidence and pointing out all holes in it when negotiating.
For best chances at successfully achieving this, you can get an experienced specialist firearms lawyer to look into your cases early.
By knowing the police evidence well, an experienced defence lawyer can point out every inconsistency to police. This can be used to change the set of police fact that you are pleading guilty to, in order to make it more favourable to you. The Judge reading it is then more likely to give you a more lenient punishment.
The set of police facts expresses what you did and how you did it. As it’s normally drafted by police, it can be one sided painting you in the worst light to the Judge reading it. This is why it’s important negotiate this document before its handed to the Judge.
A court report from an experienced, respected and leading psychologist or psychiatrist for the Judge to read can significantly improve your result with a much more lighter outcome. To increase your chances at achieving this, it’s critical that the report comment on your state of mind, explanation, remorse, insight and shame in your offence.
Our team of lawyers have hand selected the most respected and experienced psychologists and psychiatrists in Australia. They will pick the best one suited to your case.
The maximum punishment for an offence of possessing an explosive in public under s93FA(1) is a term of imprisonment of up to 5 years.
The maximum punishment for an offence of possessing, supplying or making explosives under s93FA(2) is a term of imprisonment of up to 3 years and/or a fine of up to $5,500.
The courts rarely give maximum punishments, and only do so to the most serious cases.
Types of punishment
The Judge can give you any one of the below types of punishment depending on the above points, how you present and prepare your case:
- Section 10 non conviction
- Section 9 good behaviour bond
- Community Service Order
- Section 12 suspended sentence
- Intensive Corrections Order
- Home Detention
- Full Time Imprisonment
To maximise your chances of getting the best possible outcome, speak to one of our Sydney criminal defence lawyers who specialise in firearm offences. They will thoroughly prepare your case, present it to the Judge in the most compelling way, and guide you at every step.