Part 3 A of the Act – Offences relating to public order – Division 2 Explosives and firearms offences

93FB Possession of dangerous articles other than firearms

If you are found to be in possession of dangerous instruments that do not fall within the definition of firearms within the Firearms Act but which can be discharged in some way for example chemicals, powder, smoke, any substance that could cause bodily harm, a fuse, a detonater, upon conviction by a court the penalty is 2 years a fine of 50 penalty units or both.

You will not be found guilty of this offence if you can satisfy the court that you had a reasonable excuse for possessing it, you intended to use it for a lawful purpose, or that you possessed it for self defence and that it was reasonable in the circumstances to possess it for self-defence purposes.

When assessing if the explosive was necessary for self-defence the court will take into account the immediacy of the perceived threat to you; the circumstances of your possession ie date, time, location, the type of thing possessed and your age and background.

For expert legal advice on this offence contact North Shore Criminal Law on (02) 9955 2298 during office hours or 0400 44 6424 on our emergency service.