Section 200 Crimes Act 1900 | Possessing Explosive to Destroy Property


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With the recent crackdown on terrorism, police and courts are taking explosives offences more seriously.

One such offence is that of ‘possessing an explosive to destroy property.’ This offence is contained in s 200 of the Crimes Act 1900 (NSW).

However, it should be noted that you could also face charges under section 200 where the article is not an explosive, but some other object which you intend to use to destroy or damage property belonging to another person, or property that is jointly owned by yourself and some other person.

In these circumstances, you could face a maximum penalty of 3 years’ imprisonment.

Where the object is an explosive, the maximum penalty is 7 years’ imprisonment.

You could also face heavier penalties if you are found with an explosive or other article in your possession during a ‘public disorder’ and you intend to use that object or article to destroy or damage property.

A ‘public disorder’ is any kind of civil disturbance that poses a risk to public safety, such as a riot or violent protest.

If you are found with an explosive during a public disorder and it is proved that you intended to use that explosive to destroy or damage property, the maximum penalty is 9 years imprisonment.

Where the article is not an explosive, the max penalty is 5 years imprisonment.

Though these penalties may seem harsh, they are maximums only and will therefore only apply in the most serious cases.

Our outstanding criminal defence lawyers have a proven track record of fighting and winning ‘destroy or damage property’ and explosives cases and can give you the strongest possible defence when it comes to obtaining the best possible outcome in your case.

The Legislation

Section 200 of the Crimes Act 1900 deals with the offence of ‘possess explosive with intent to destroy or damage property’ and reads as follows:

200 Possession etc of explosive or other article with intent to destroy or damage property

(1) A person who has possession, custody or control of an article with the intention that it should be used to destroy or damage property belonging to:

                (a) some other person, or

                (b) the first-mentioned person or the user, or both of them, and some other person,

is liable (if the article is an explosive) to imprisonment for 7 years or (if the article is not an explosive) to imprisonment for 3 years.

(2) A person who, during a public disorder, has possession, custody or control of an article with the intention that it should be used to destroy or damage property belonging to:

                (a) some other person, or

                (b) the first-mentioned person or the user, or both of them, and some other person,

is liable (if the article is an explosive) to imprisonment for 9 years or (if the article is not an explosive) to imprisonment for 5 years.

Why Sydney Criminal Lawyers?

When you’ve been charged with a criminal offence, having the best legal team on your side can make all the difference when it comes to getting a favourable result.

At Sydney Criminal Lawyers, we understand that it can be daunting to face court in relation to criminal charges, especially if it’s your first offence.

That’s why our lawyers take the time to listen to your story and explain the charges against you, as well as any possible defences that you may have.

Unlike other law firms, we will then push to have the charges dropped outside of court to spare you the time and expense involved in a defended hearing or criminal trial.

Should the prosecution refuse to drop the charges, we will give you the best possible representation in court; presenting your case in the most persuasive fashion to maximise your chances of being found ‘not guilty.’

We pride ourselves on our ability to partner with some of Sydney’s leading criminal barristers, who have a proven track record of winning these types of cases.

Should you simply wish to plead guilty, we will work hard to get the most lenient outcome given the facts and circumstances of your case.

We have an excellent track record of getting outstanding outcomes in these types of cases and will fight hard to achieve justice.

So for the best representation in your ‘possess explosive to destroy or damage property’ case, call the criminal law experts today on (02) 9261 8881 and find out how we can help you win your case.