Section 46, 47, 48, 49 Crimes Act | Explosives and Traps


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Section 46, 47, 48, 49 of the Crimes Act is the offence of Explosives and Traps and is extracted below.

If you are Charged with Explosives and Traps and require Expert Legal Advice from an Experienced Criminal Defence Lawyer, call Sydney Criminal Lawyers® today on (02) 9261 8881 to arrange a Free First Conference.

If you wish to plead ‘not guilty’, our Senior Criminal Lawyers will fight hard to prove your innocence in court.

If you wish to plead ‘guilty’, we will use our vast experience to get you the best possible result in the circumstances, including ‘section 10 dismissals or conditional release orders’ where possible (no criminal record / conviction).

Our Results are consistently far better than those achieved by other criminal law firms.

The Legislation

Section 46, 47, 48, 49 of the Crimes Act 1900 deals with the offence of ‘Explosives and Traps’ and reads as follows:

46 Causing bodily injury by gunpowder etc

Whosoever intentionally or recklessly by the explosion of gunpowder or other substance, or the use of any corrosive fluid, or destructive matter, burns maims disfigures disables, or does grievous bodily harm to, any person, shall be liable to imprisonment for 25 years.

47 Using etc explosive substance or corrosive fluid etc

Whosoever:

causes any gunpowder or other explosive substance to explode, or
sends, or delivers to, or causes to be taken, or received by, any person, any explosive substance, or other dangerous or noxious thing, or
puts or lays at any place, or casts or throws at, or upon, or otherwise applies to, any person, any corrosive fluid or any destructive or explosive substance,
with intent in any such case to burn maim disfigure disable, or do grievous bodily harm to, any person,

shall, whether bodily injury is effected or not, be liable to imprisonment for 25 years.

48 Causing explosives to be placed in or near building, conveyance or public place

(1) A person who causes an explosive to be placed in or near:
(a) a building, or
(b) a vehicle, vessel, train or other conveyance, or
(c) a public place,
with the intention of causing bodily harm to any person, is guilty of an offence. Maximum penalty: Imprisonment for 14 years.

(2) A person commits an offence under this section whether or not:
(a) any explosion occurs, or
(b) any bodily harm is caused.

49 Setting trap etc

(1) Any person who:
(a) places or sets, or causes to be placed or set, any trap, device or thing (whether its nature be electronic, electric, mechanical, chemical or otherwise) capable of destroying human life or inflicting grievous bodily harm on any person, or
(b) knowingly permits any such trap, device or thing to continue to be placed or set,
with intent to inflict grievous bodily harm shall be liable to imprisonment for five years.

(2) Nothing in subsection (1) shall extend to any gin or trap, placed with the intention of destroying vermin, or to any trap, device or thing placed in a dwelling-house for the protection thereof.

Why Sydney Criminal Lawyers®?

At Sydney Criminal Lawyers®, we have considerable experience representing clients in serious criminal matters, including “explosives and traps” cases.

We have a demonstrated track record of winning even the most difficult cases and our knowledge and experience working in this area of the law is unparalleled.

Our exceptional advocates will take the time to listen to your story and will work together with you to fight the charges.

We will go above and beyond to find problems with the prosecution case; for example, where there is not enough evidence to identify you as the person guilty of the offence.

In these situations, we can push to have the charges dropped outside of court.

If the prosecution refuses to drop the charges, rest assured that our exceptional advocates will fight hard to protect your innocence in court by raising all available defences and evidence that supports your case.

We can also help you get a positive outcome if you simply wish to plead guilty – in every case we fight hard to ensure that the charges are dealt with in the Local Court, where the maximum penalty is much lower.

We will also fight hard to have the matter dealt with by way of some alternative penalty to minimise the chances of you going to gaol.

We specialise in obtaining section 10 dismissals and conditional release orders for our clients, which is where you are found guilty but no conviction is recorded on your criminal record.

We have managed to successfully obtain non conviction orders in serious criminal matters and will always fight hard to secure you a non conviction order, even when the charges are serious.

For the best defence in your “explosives and traps” case, call us on (02) 9261 8881 and get Sydney’s best criminal defence lawyers on your side.