POSSESSION OF DANGEROUS ARTICLES OTHER THAN FIREARMS: THE LAW
The criminal offence of possession of dangerous articles other than firearms is a criminal offence that can lead to imprisonment. Criminal Lawyers Group have been nationally recognised as the leading criminal law firm in NSW for securing the best outcomes for clients who have been charged with the criminal offence of possession of dangerous articles other than firearms.
If you or anyone you know have been accused or charged with the criminal offence of possession of dangerous articles other than firearms, contact our award-winning team of criminal law specialists at Criminal Lawyers Group immediately for a free consultation.
WHAT IS THE OFFENCE OF POSSESSION OF DANGEROUS ARTICLES OTHER THAN FIREARMS?
Section 93FB of the Crimes Act 1900 (NSW) constitutes the criminal offence of possession of dangerous articles other than firearms as having occurred if a person, in a public place, possesses:
- anything (not being a firearm within the meaning of the Firearms Act 1996) capable of discharging by any means any irritant matter in liquid, powder, gas or chemical form or any dense smoke, or any substance capable of causing bodily harm, or
- a fuse capable of use with an explosive or a detonator, or
- a detonator, or
- a distress signal, or distress flare, that operates by emitting a bright light
WHAT ARE THE PENALTIES FOR THE OFFENCE OF POSSESSION OF DANGEROUS ARTICLES OTHER THAN FIREARMS?
Section 93FB of the Crimes Act 1900 (NSW) provides for a maximum penalty of 2 years imprisonment and/or a fine of $5,500 for anyone convicted of the criminal offence of possession of dangerous articles other than firearms.
WHAT IS THE DEFINITION OF FIREARM?
To distinguish a firearm from the dangerous articles other than firearms, it is important to know the definition of a firearm.
A firearm is defined in the Firearms Act 1996 (NSW) 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 fire firearm, or an air gun, but does not include a paintball marker within the meaning of the Paintball Act 2018 or anything declared by the regulations not to be a firearm.
ANOTHER NOT GUILTY VERDICT FOR CRIMINAL LAWYERS GROUP
Criminal Lawyers Group’s Principal and award-winning criminal lawyer Mr Steven Mercael recently represented a man who had been accused and charged with the criminal offence of possession of dangerous articles other than firearms.
Mr Mercael successfully argued that his client was not guilty of the offence as he had a reasonable excuse for possessing the article and possessed the article for a lawful purpose, which are defences available under Section 93FB (2) of the Crimes Act 1900 (NSW).
Mr Mercael’s client was found not guilty and his verdict joins the extensive list of not guilty verdicts that Criminal Lawyers Group have secured for their clients.
WHAT OTHER DEFENCES ARE AVAILABLE FOR THE OFFENCE OF POSSESSION OF DANGEROUS ARTICLES OTHER THAN FIREARMS?
Self-Defence: Section 93FB (3) of the Crimes Act 1900 (NSW) states that a person is not guilty of the criminal offence of possession of dangerous articles other than firearms if the person satisfies the court that he or she possessed it for the purpose of self-defence and that it was reasonable in the circumstances to possess it for that purpose.
In considering a defence of self-defence, the court must have regard to its reasonableness in all the circumstances of the case, including:
- the immediacy of the perceived threat to the person charged, and
- the circumstances, such as the time and location, in which the thing was possessed, and
- the type of thing possessed, and
- the age, characteristics and experiences of the person charged.
Duress and necessity are further defences available for the criminal offence of possession of dangerous articles.
CONTACT CRIMINAL LAWYERS GROUP NOW
If you or anyone you know have been accused or charged with the criminal offence of possession of dangerous articles other than firearms, contact our award-winning criminal lawyers at Criminal Lawyers Group immediately for a free consultation. Our specialist team of criminal law experts are nationally recognised for securing the best outcomes for our clients across NSW who have been charged with the offence of possession of dangerous articles other than firearms.