Possess, Supply or Manufacture of Explosives
In NSW, a licence is required in order to manufacture, import, store, transport, supply or handle any explosives. There are vast range of licences available to cater for a variety of purposes, however, there are strict regulations around these permits to validate the purchase, possession and use of explosives. For example, SafeWork NSW requires individuals who are apply for such licences to hold a current security clearance, have adequate arrangements in place and have a legitimate reason for the purpose of your explosives before such a licence is granted.
Therefore, any manufacture, importation, storage, possession, supply or use of explosives without a valid licence or permit is strictly prohibited and will result in a criminal charge. This charge is referred to as Possession, Supply or Making of Explosives and can be found under 93FA of the Crimes Act 1900 which states that:
- A person who possesses an explosive in a public place is guilty of an offence.
- A person who possesses, supplies or makes an explosive, under the 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.
As a leading criminal law firm based in Sydney, Benjamin Leonardo – The Defenders have widespread experience in a vast range of criminal offences including charges relating to the possession, supply or manufacture of explosives.
If you or someone you know is facing charges of general dishonesty, contact our Sydney based fraud lawyers now for a confidential consultation.
PENALTIES
The act of possessing, supplying or manufacturing explosives is perceived as a very serious crime and attracts significant penalties. Section 93FA of the Crimes Act 1900 (NSW) states that any person found guilty of possessing an explosive in a public place shall be liable to imprisonment of 5 years. Alternatively, individuals found guilty of possessing, supplying or manufacturing an explosive beyond a lawful purpose is liable to the maximum penalty of 3-years imprisonment and/or 50 penalty units, equating to a $5,500 fine.
Although these penalties could be enforced, Crimes Statistics Australia revealed that 17% of offenders convicted of firearm and explosive related offences receive a full time custodial sentence, such as imprisonment. This means that the NSW Court has the ability to impose alternative penalties in appropriate circumstances.
Upon consideration of the crime, personal character, criminal history and individual circumstances, the Court may determine that less significant penalties such as Community Service Orders (CSOs), Intensive Corrections Order (ICOs), good behaviour bonds or fines may be appropriate in this instance.
Contact our expert criminal defence lawyers for a first consultation for more accurate advice in relation to the penalties that are pertinent to a case should you be facing such charges.
GUILTY
To prove an offence and be found guilty in relation to the possession, supply or manufacture of explosives, the prosecution has to prove beyond a reasonable doubt that you:
- Were in possession of an explosive in a public place; or
- That you possessed, supplied or manufactured an explosive
If you choose agree and plead guilty to criminal charges set out against you, and the prosecution team is able to prove that you did commit the offence as set out in section 93FA of the Crimes Act 1900, it is likely that you will face the penalties listed above.
However, your guilty plea often shows remorse in the eyes of the Court and could result in a less severe punishment. For example, if the circumstances surrounding the charge are not deemed serious and you have no prior criminal history, you may have the matter dealt with by a section 10 dismissal. The Court could also enforce penalties such as community corrections orders, intensive correction orders or conditional release orders, if it is determined that these punishments are sufficient and fair for the particular offence.
For the most accurate and honest advice relating to your specific case, please contact our dedicated criminal defence lawyers to schedule a conditional and first consultation.
NOT GUILTY
If you do not believe the allegations made against you, you have the option to plead not guilty. In this instance, the case will proceed to be heard before the Court in which the prosecution will present evidence to prove beyond a reasonable doubt that the offence was committed. If they are successful, you may be facing the penalties mentioned above.
However, as criminal defence lawyers, it is our job to negate the allegations made by the prosecution on your behalf. In order to do so, we thoroughly scrutinise the evidence provided by the prosecution and provide contradictory evidence that will dismiss these claims. Our expert criminal defence lawyers will then raise an appropriate legal defence that may entirely dismiss the charges set against you, or provide a partial defence, in which the charges will be downgraded and less significant penalty will be imposed.
With a 90% success rate, our team is dedicated to achieving the best possible solution for all the cases we represent. If you, or someone you know is facing charges of possessing, supplying or manufacturing explosives, it is best to seek legal representation immediately.
Contact our Sydney based criminal defence law firm now for a confidential consultation.
THE DEFENCE
Possible defences that our criminal defence lawyers may use to negate allegations of joy riding include:
Duress: Involves the use of unlawful pressure to encourage an individual to commit a criminal act, which they would not usually participate in, had a threat not been present. This coercion can take form of harmful threats such as death or bodily harm in which the defendant believes that if they do not participate in the activity it is likely the threat will take place.
WHICH COURT?
The criminal charge related to the possession, supply or manufacture of explosives is classified as a table 2 offence. This means that the matter may be dealt with in the District Court where you will be facing the absolute maximum penalties outlined in the Crimes Act. However, with this being said, our Sydney based criminal defence lawyers typically experience that majority of these cases are dealt with in a Local Court. If this is the case, the maximum penalty imposed for guilty individuals is 2 years imprisonment.
At Benjamin Leonardo – The Defenders, we have extensive experience in defending criminal cases all over NSW. Regardless of the Court that your matter will be brought before, clients can be confident in our ability to effectively represent their matter to achieve the best outcome possible.
If you’re facing charges relating to the possession, supply or manufacture of explosives, contact our criminal defence law firm for a consultation.