The maximum penalty for the offence of possess loaded firearm or speargun – in public place is 10 years in prison.
However, it is important to bear in mind this is the most severe penalty that can be imposed, and the court will take into account a wide range of factors when determining the appropriate penalty in your particular case.
These factors include whether you pleaded guilty or were found guilty after a hearing or trial, your criminal history (or lack thereof), your remorse as can be demonstrated through character references and/or a letter of apology, the likelihood that you will reoffend as can be shown through any courses or programs you have undertaken since the date of the offence and the seriousness of the particular conduct itself, to name a few.
In the Local Courts
Possess loaded firearm or speargun – in public place – section 93G(1)(a)
The most common penalty imposed for possess loaded firearm or speargun – in public place under section 93G(1)(a) of the Crimes Act is imprisonment, followed by intensive correction order, then community correction order, then conditional release order without conviction, then fine only.
The average full term prison sentence imposed for the offence is 2 years and the average non-parole period (the minimum term in prison) is 13 months.
Possess loaded firearm or speargun – in non-public place – section 93G(1)(a)
The most common penalty imposed for possess loaded firearm or speargun – in non-public place under section 93G(1)(a) of the Crimes Act is imprisonment, followed by intensive correction orders and community correction order.
The average full term prison sentence imposed for the offence is 2 years and the average non-parole period (the minimum term in prison) is 16 months.
Fire firearm or speargun in or near public place – section 93G(1)(b)
The most common penalty imposed for fire firearm or speargun in or near public place under section 93G(1)(b) of the Crimes Act is community correction order, followed by imprisonment, then intensive correction order and fine only, then conditional release order without conviction, then section 10(1)(a) dismissal.
The average full term prison sentence imposed for the offence is 18 months and the average non-parole period (the minimum term in prison) is 11 months.
Fire or carry firearm/speargun endangering person/property – section 93G(1)(c)
The most common penalty imposed for fire or carry firearm/speargun endangering person/property under section 93G(1)(c) of the Crimes Act is imprisonment, followed by community correction order, then intensive correction and conditional release order without conviction.
The average full term prison sentence imposed for the offence is 23 months and the average non-parole period (the minimum term in prison) is 1 year.
In the Higher Courts
Possess loaded firearm or speargun – section 93G(1)(a)
The most common penalty imposed for possess loaded firearm or speargun under section 93G(1)(a) of the Crimes Act is imprisonment.
The average full term prison sentence imposed for the offence is 42 months and the average non-parole period (the minimum term in prison) is 22 months.
Accessory after the fact to possess loaded firearm or speargun – section 93G(1)(a)
The most common penalty imposed for accessory after the fact to possess loaded firearm or speargun under section 93G(1)(a) of the Crimes Act is section 9 bond.
Fire firearm or speargun in or near public place – section 93G(1)(b)
The most common penalty imposed for fire firearm or speargun in or near public place under section 93G(1)(b) of the Crimes Act is imprisonment, followed by community correction order.
The average full term prison sentence imposed for the offence is 2 years and the average non-parole period (the minimum term in prison) is 1.5 years.
Accessory after the fact to fire firearm or speargun in or near public place – section 93G(1)(b)
The most common penalty imposed for accessory after the fact to fire firearm or speargun in or near public place under section 93G(1)(b) of the Crimes Act is imprisonment and section 12 suspended sentence (repealed penalty).
The average full term prison sentence imposed for the offence is 2 years and the average non-parole period (the minimum term in prison) is 1 year.
Fire or carry firearm/speargun endangering person/property – section 93G(1)(c)
The most common penalty imposed for Fire or carry firearm/speargun endangering person/property under section 93G(1)(c) of the Crimes Act is imprisonment followed by community correction order.
The average full term prison sentence imposed for the offence is 4 years and the average non-parole period (the minimum term in prison) is 2.5 years.
Accessory after the fact to fire or carry firearm/speargun endangering person/property – section 93G(1)(c)
The most common penalty imposed for accessory after the fact to fire or carry firearm/speargun endangering person/property under section 93G(1)(c) of the Crimes Act is imprisonment, followed by intensive correction order and community correction order.
The average full term prison sentence imposed for the offence is 3 years and the average non-parole period (the minimum term in prison) is 2 years.
For expert advice and formidable legal representation from an experienced team of specialist criminal defence lawyers, call Sydney Criminal Lawyers on (02) 9261 8881 to arrange a conference and let Australia’s Most Awarded Criminal Defence Law Firm fight for the optimal outcome in your case.