Causing Danger With Firearm Or Speargun – s 93G Crimes Act (NSW)
If your facing a firearms offence of causing danger with firearm or spear gun, speak to our team of Sydney’s leading senior lawyers (https://www.criminaldefencelawyers.com.au/about-us/lawyers/) who specialise in firearm offences. With a specialisation and track record on getting charges dropped early, they have over 20 years experience in successfully proving their clients innocence in court and avoiding a criminal record.
Your Options in Court
PLEADING NOT GUILTY
You can only be found guilty to this offence if the police can prove any one of the following against you:
- You possessed a loaded firearm or spear gun in a public place; or
- You possessed it in any other place endangering the life of others; or
- You fired a firearm or spear gun in or near a public place; or
- You carried or fired a firearm or spear gun either:
- With a disregard for the safety of yourself, or anyone else; or
- In a way likely to injure or endanger your safety or safety of any other person or property.
You will be found not guilty, and your charge dismissed if police are unable to prove the above elements of the offence beyond reasonable doubt in court.
Defences to this charge
You will be Not Guilty if:
- The firearm or spear gun was not loaded i.e. there was no ammunition inside it or there was no spear fitted to the spear gun.
- You had a reasonable excuse or lawful purpose for possessing or firing it. i.e. sporting, cultural event, construction work.
- Duress or Necessity: where you were forced, threatened to commit the offence, or where you did it to stop serious danger or injury.
- Self defence: where you fired, possessed or carried it to protect yourself in circumstances it was reasonable to have done this as perceived by you at the time.
- You didn’t know the firearm or spear gun was there or you didn’t have any physical custody or control of it.
Your charge will be dismissed and you will be found not guilty if any one of the above common defences to this offence apply to your case. Speak to our experienced firearms lawyers on how to strengthen your best defence early. Our lawyers specialise in getting these charges dropped early, and have successfully achieved this many times for over 20 years.
If pleading guilty, read the below critical tips, and speak to one of our highly experienced expert lawyers on how to avoid a criminal record and prison.
25% Discount on punishment
You will receive a more lenient outcome with a 25% discount on punishment if you plead guilty to the offence of causing danger with firearm or spear gun at the earliest time in your case. This discount reduces the later the plea of guilty is entered as time passes.
It’s critical to get realistic and experienced advice as early as possible in your case to increase your chances of the best possible result.
Good character references
Your court outcome can be much more lenient with a better result by handing up good character reference letters (https://www.criminaldefencelawyers.com.au/criminal-law/good-character-reference-guide/) to the Judge to read about your good character, remorse, insight into your offence, and embarrassment expressed in each letter.
These letters can be from a friend, family, charity, work, even an apology letter from you expressing those main points. Our senior lawyers will guide you at each stage.
Negotiate to drop charges
Our team of expert lawyers have successfully negotiated and convinced police to drop firearm and spear gun charges countless times for over 20 years. As specialists in getting charges dropped early, they have achieved this by thoroughly reading the police evidence, and finding all the cracks in their case.
Our specialist lawyers will maximise your chances at getting your charge dropped or downgraded early by strategically approaching police with your particular case.
Knowing the police evidence, and the holes in it can allow you room to negotiate with the police to change the set of police facts which you plead guilty to. The purpose of this is to ensure the set of police facts, which the Judge will read, reflects the truth, and puts you in a better light. This usually results in a much better, more lighter outcome.
The set of facts expresses what you did and how. The police normally draft this, and can often be one sided by making you look worse than what really happened. That’s why it’s critical to change this which our expert lawyers have been successfully doing for years.
Your court outcome can be significantly improved with a lighter punishment by giving the Judge to read a powerful court report from a psychologist or psychiatrist. For best possible results, the report should come from a highly respected and experienced psychologist commenting on main points. Those points include your mental state, remorse, insight and explanation for your conduct.
Our senior lawyers will hand pick the best suited psychologist or psychiatrist to your case for best possible results.
The maximum punishment for an offence of causing danger with firearm or spear gun is a term of Imprisonment of up to 10 years.
Although that’s the maximum, Judges rarely ever give the maximum punishment which is only given to the most serious cases only.
Types of penalties
The court can give you any one of the following kinds of punishment, depending on the preparation and presentation of your case in court:
- Section 10 Dismissal (https://www.criminaldefencelawyers.com.au/criminal-law/section-10-dismissal/)
- Conditional Release Order (https://www.criminaldefencelawyers.com.au/criminal-law/penalties/nsw/conditional-release-order/)
- Fine (https://www.criminaldefencelawyers.com.au/criminal-law/penalties/nsw/fine/)
- Community Correction Order (https://www.criminaldefencelawyers.com.au/criminal-law/penalties/nsw/community-correction-order/)
- Intensive Correction Order (https://www.criminaldefencelawyers.com.au/criminal-law/penalties/nsw/intensive-correction-order/)
- Full Time Imprisonment (https://www.criminaldefencelawyers.com.au/criminal-law/penalties/nsw/full-time-imprisonment/)
Speak to one of Sydney’s most experienced and leading specialist firearms lawyers now for realistic and practical advice on your firearms case. They will work around the clock, and relentlessly prepare your case to maximise your chances at avoiding prison and a criminal conviction.