An offence that causes bodily injury with gunpowder is where a person used either gunpowder or other substance, such as a corrosive fluid, or destructive matter and that substance or matter caused the victim to be burned, maimed, disfigured, disabled or to suffer grievous bodily harm.
Injury by Gunpowder is found in Section 46 of the Crimes Act 1900 (NSW) which states:
“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”.
Plus, the possession of the same with intent is also an offence at Section 55 which states:
“Whosoever knowingly has in his or her possession, or makes, or manufactures, any gunpowder, explosive substance, or dangerous or noxious thing, or any machine, engine, instrument, or thing--
(a) with intent by means thereof to injure, or otherwise commit a serious indictable offence against the person of any one, or
(b) for the purpose of enabling another person to injure, or otherwise commit a serious indictable offence against the person of any one,
shall be liable to imprisonment for 10 years.
Causing Injury with Gunpowder can be punished with an imprisonment sentence of about 25 years.
Please note that the penalties mentioned are in the worse case offending and are unlikely to be the penalty you might receive.
In NSW, a court can impose any of the following penalties for a Cause bodily injury with gunpowder charge:
Cause bodily injury with gunpowder offence is a criminal offence, the burden of proof lies on the Prosecution. The must be able to prove beyond a reasonable doubt that:
Some of the possible defences available for those charged with Cause bodily injury with gunpowder include;
For Cause Bodily Injury with Gunpowder, Rep-Revive Criminal Lawyers® offers the following options:
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