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Lionel Rattenbury
Criminal Defence Lawyer


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Firearm Offences - NSW
Welcome to the NSW Dangerous use of a firearm or spear gun article page. Everything you need to know about Dangerous use of a firearm or spear gun according to NSW law - Dated: 01/09/2009

What the Law States according to NSW Law for Dangerous use of a firearm or spear gun
According to NSW Law for the charge of Dangerous use of a firearm or spear gun,

On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:

Law Part Short Description
446 Enter building/land with firearm or imitation firearm-T2
447 Enter building/land with spear gun or imitation spear gun-T2
448 Fire firearm into building or onto inclosed lands-T2
449 Fire spear gun into building or onto inclosed lands-T2

The Maximum Penalty - Dangerous use of a firearm or spear gun
According to NSW Law for the charge of Dangerous use of a firearm or spear gun,

The maximum penalty for the charge of dangerous use of a firearm or spear gun (Section 93H of the Crimes Act) is 10 years imprisonment.

In NSW, a court can impose any of the following penalties for an dangerous use of a firearm or spear gun charge.

You’ll find a brief description of each of these penalties at the bottom of this page.

Likely Penalty

Local Court

Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of dangerous use of firearm or speargun, if heard in the Local Court, is likely to be a good behaviour bond under section 9 of the Crimes (Sentencing Procedure) Act for a period of 12 months.

For first time offenders the likely penalty is a fine of $250.

What the Police must prove according to NSW Law for Dangerous use of a firearm or spear gun

To convict you of a dangerous use of a firearm or spear gun charge, the police must prove each of the following matters beyond a reasonable doubt:

  1. You fired a firearm or spear gun in or into any building or on or on to any land.

They will also need to prove that you were the person who committed the dangerous use of a firearm or spear gun offence.

Possible Defences under NSW Law - Dangerous use of a firearm or spear gun

Possible defences to an dangerous use of a firearm or spear gun charge include but are not limited to:

In NSW which court will hear the matter - Dangerous use of a firearm or spear gun

This matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Section 10 for an dangerous use of a firearm or spear gun charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.

Fines for an dangerous use of a firearm or spear gun charge: When deciding the amount of a fine for a dangerous use of a firearm or spear gun charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set. Read more.

Good behaviour bond for an dangerous use of a firearm or spear gun charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years. Read more.

Community service order for an dangerous use of a firearm or spear gun charge. (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order. Read more.

Suspended sentence for an dangerous use of a firearm or spear gun charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years. Read more.

Periodic detention for an dangerous use of a firearm or spear gun charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order for an dangerous use of a firearm or spear gun charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service. Read more.

Jail for an dangerous use of a firearm or spear gun charge: This is the most serious penalty for the charge of dangerous use of a firearm or spear gun and involves full time detention in a correctional facility. Read more.

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