Cause Injury by Gunpowder and/or Possess

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.

 

THE LAW

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.

 

MAXIMUM PENALTY

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:

  • Full-time Imprisonment;
  • An Intensive Correction Order (ICO);
  • A Community Correction Order (CCO);
  • A Conditional Release Order (CRO).

 

THE FACTS THAT MUST BE PROVEN

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:

  • You used either gunpowder or other substance, corrosive fluid, or destructive matter; and
  • It caused the victim to be burned, maimed, disfigured, disabled or suffer grievous bodily harm; and
  • The act of the accused was done maliciously; and
  • That you were the person who committed the crime that caused bodily injury with gunpowder offence.

 

DEFENCES

Some of the possible defences available for those charged with Cause bodily injury with gunpowder include;

  • If you were compelled to act a certain way due to the circumstances, or the threats of another you may be able to argue “Duress”;
  • If your actions were necessary to prevent the occurrence of a greater harm, you may have the defence of “Necessity”;
  • If you were defending yourself or another OR yours or another’s property, you may use a Defence of Self-Defence. While many people might misunderstand what the limits of Self-defence can be, it is simply outlined in section 418 of the Crimes Act 1900 (NSW), however, there is lawful authority to argue self-defence even in situations where “Pre-Emptive Force” is used. Moreover, at times there “No duties or need to retreat”.

 

CHOICES AT LAW OPTIONS

For using a carriage service to menace, harass or cause offence, Rep-Revive Criminal & Employment Lawyers® offers the following options:

1.     We initiate negotiation with prosecutors (police) (a term referred to as “plea negotiations”) and plead to withdrawal or downgrade of the charge or alternatively, seek amendments to the police fact sheets or documents.

2.     At the hearing/trial, Rep-Revive Criminal & Employment Lawyers® shall if you so instruct Plead Not Guilty and drive the argument based on prosecution’s inability to prove the elements of their accusation.

3.     Alternatively, Rep-Revive Criminal & Employment Lawyers® may plead guilty on your instructions however, the hearing shall revolve around the facts with an objective to obtain a moderate or minimum punishment.

4.     Lastly, Rep-Revive Criminal & Employment Lawyers® on your instructions enter a plea of guilt where you accept all the charges pressed by the police, but we present a case so solid on your behalf, with an objective to persuade and convince the Court to not record a criminal conviction against you.

For further information on your choices at law click on (CHOICES AT LAW tab on our website)

 

WHY REP-REVIVE CRIMINAL & EMPLOYMENT LAWYERS®

There are several reasons to engage Rep-Revive Criminal & Employment Lawyers®:

  •  We are always in your corner

At Rep-Revive Criminal & Employment Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner. 

  •  We bring about excellent results

Rep-Revive Criminal & Employment Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.

Rep-Revive Criminal & Employment Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court. 

  • Your case will be in the hands of an experienced lawyer

Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal & Employment Lawyers® who have been in the provision of legal service for over 21 years. 

If you are caught up in this charge our team at Rep-Revive Criminal & Employment Lawyers® are best suited for representing your case.

Please contact our office on 0419 998 398 or 0492 857 721 or email info@rpr5.sydney for more information. The first consultation is free.

Speak to a Lawyer

Get a Free Consultation