The maximum penalty for the offence of trespassing or dangerous use of firearm or spear gun is 5 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
Trespass with firearm or speargun – section 93H(1)
The most common penalty imposed for trespass with firearm or speargun under section 93H(1) of the Crimes Act is community correction order, followed by imprisonment and conditional release order without, then intensive 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 2 years.
Fire firearm or speargun into building or onto land – section 93H(2)
The most common penalty imposed for fire firearm or speargun into building or onto land under section 93H(2) of the Crimes Act is imprisonment, followed by conditional release order without conviction, then community correction order.
The average full term prison sentence imposed for the offence is 10 months and the average non-parole period (the minimum term in prison) is 6.6 months.
In the Higher Courts
Fire firearm or speargun into building or onto land – section 93H(2)
The most common penalty imposed for fire firearm or speargun into building or onto land under section 93H(2) of the Crimes Act is community correction order.
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.