The possession, supply or manufacture of explosives is treated seriously by the courts.
While these charges have the ability to result in heavy penalties, there are various steps you can take when it comes to fighting the charges.
One positive step to take is to familiarise yourself with the relevant legislation so that you understand how the law works.
The possession, supply and manufacture of explosives is dealt with under section 93FA of the Crimes Act 1900.
This section says that if you are found guilty of possessing an explosive in a public place, you could face a maximum penalty of 5 years’ imprisonment.
A public place is any area that is open to the public – for example, parks, shopping centres, beaches and so on.
Section 93FA also says that it is an offence to possess, supply or make an explosive in any area if there is a “reasonable suspicion” that you did not have a lawful purpose for doing so.
In these cases, the maximum penalty is 3 years’ imprisonment, and/or a fine of $5,500.
However, if you can prove to the court that you had a lawful excuse for possessing, manufacturing or supplying the explosive, you will be found not guilty of this offence.
Examples of possible “lawful purposes” include where you had the explosive for work purposes, such as demolition, for festivities such as cultural celebrations, sporting events, scientific research or artistic purposes.
While the penalties under the law may seem harsh, it’s important to remember that they are maximum penalties. This means that they will only apply in the most serious cases.
By taking positive steps to fight the charges, you may be able to secure a more lenient penalty, or escape a conviction altogether.
Section 93FA of the Crimes Act 1900 deals with the possession, supply or manufacture of explosives and reads as follows:
93FA Possession, supply or making of explosives
(1) A person who possesses an explosive in a public place is guilty of an offence.
Maximum penalty: Imprisonment for 5 years.
(2) A person who possesses, supplies or makes an explosive, under circumstances that give rise to a reasonable suspicion that the person did not possess, supply or make the explosive for a lawful purpose, is guilty of an offence.
Maximum penalty: Imprisonment for 3 years or 50 penalty units, or both.
(3) An offence against subsection (2) is a summary offence.
(4) A person is not guilty of an offence against subsection (1) or (2) for possessing or making an explosive if the person satisfies the court that he or she had a reasonable excuse for doing so or did so for a lawful purpose.
Why Sydney Criminal Lawyers®?
If you’ve been charged with an explosives offence, it’s important to get a good lawyer on your side with a reputation for fighting and winning these types of cases.
At Sydney Criminal Lawyers®, we have a proven track record of winning some of the most serious weapons cases.
As Sydney’s weapons experts, our lawyers have the knowledge and skills to help you overcome any false allegations by carefully examining all the evidence to find problems with the prosecution case.
By raising problems at an early stage, our lawyers frequently get charges dropped before the matter reaches court – sparing you the time and expense of a hearing.
If the matter does end up in court, our weapons experts will fight hard to defend your innocence by raising any possible defences – such as where you were coerced or threatened into possessing, manufacturing or supplying the explosive.
Where you simply wish to plead guilty, our highly experienced lawyers will prepare compelling sentencing submissions which focus on positive factors, such as your good character or lack of a previous criminal record.
We pride ourselves on our ability to achieve the best possible results in even the most difficult explosives cases.
For a confidential discussion about how we can help you win your explosives case, call us today on (02) 9261 8881 and book a FREE first conference to discuss your matter with our explosives experts.