What is Cause bolidy Injury with Gunpowder ?
An offence of Cause bodily injury with gunpowder is where a person used either gunpowder or other substance, corrosive fluid, or destructive matter and that caused the victim to be burned, maimed, disfigured or disabled or suffered grievous bodily harm.
Cause injury by Gunpowder is what is known as a Strictly indictable offence which means that the matter will be finalised in the District Court.
On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:
|Law Part||Short Description|
|64761||Burn/maim etc by exploding gunpowder etc (DV)-SI|
|95||Burn/maim etc by exploding gunpowder etc-SI|
|92||Burn/maim etc by maliciously exploding other substance-SI|
|94||Burn/maim etc by the malicious use of destructive matter-SI|
|64760||Burn/maim etc by using corrosive fluid etc (DV)-SI|
|93||Burn/maim etc by using corrosive fluid etc-SI|
|64762||Do grievous bodily harm by exploding gunpowder etc (DV)-SI|
|98||Do grievous bodily harm by exploding gunpowder etc-SI|
|96||Do grievous bodily harm by maliciously exploding other substance-SI|
|97||Do grievous bodily harm by maliciously using any destructive matter-SI|
|64763||Do grievous bodily harm by the use of corrosive fluid etc (DV)-SI|
|99||Do grievous bodily harm by the use of corrosive fluid etc-SI|
What must the prosecution prove?
Since Cause bodily injury with gunpowder offence is a criminal offence, the burden of proof lies on the Prosecution.
The prosecution must prove each of the elements in the charge beyond reasonable doubt.
That is a high standard of proof that the prosecution must achieve before someone can be convicted of Cause bodily injury with gunpowder .
To establish Cause bodily injury with gunpowder, the prosecution must prove each of the following matters beyond reasonable doubt;
- You used either gunpowder or other substance, corrosive fluid, or destructive matter;
- It caused the victim to be burned, maimed, disfigured or disabled or suffered grievous bodily harm;
- The act of the accused was done maliciously.
They will also need to prove that you were the person who committed the cause bodily injury with gunpowder offence.
If you are charged with the offence of Cause bodily injury with gunpowder what are your options?
National Criminal Lawyers are the best Criminal Defence Lawyers in Sydney and have been successful in defending a number of Cause bodily injury with gunpowder charges where the prosecution could not establish each of the elements of Cause bodily injury with gunpowder .
NCL offer the following options for those who have been charged with Cause bodily injury with gunpowder ;
- We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
- NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that prosecution has not proven its case beyond reasonable doubt;
- Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
- Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.
Fequently Asked Questions
If you agree that you have committed the offence and the police are able to prove all the elements of the offence, it is best to plead guilty at an early opportunity to receive the maximum discount. Currently the maximum discount available for an early plea of guilty is 25% of the sentence.
Furthermore, the early guilty plea shows the Court that you have remorse and contrition for your actions.
Our Lawyers at National Criminal Lawyers work closely with you to ensure that we obtain all necessary paper work to get you the best result.
Causing Injury with Gunpowder can be punished with a prison sentence of up to 25 years. Please note that the penalties mentioned are reserved for the worse case offending and are unlikely to be the penalty you receive.
If you decide to plead not guilty you will need to prepare to go to a Defended Hearing.
A defended hearing is where all the witnesses of that case are called to give evidence. The witnesses are both examined by the prosecution and tested by your defence lawyers.
National Criminal Lawyers have defended thousands of people charged with Cause bodily injury with gunpowder and are experts at these hearings.
Some of the possible defences available for those charged with Cause bodily injury with gunpowder can include;
- If you were compelled to act in a certain way due to the circumstances, or the threats of another you may be able to argue “Duress”;
- To argue that you were not cultivating a plant;
- If your actions were necessary to prevent a greater harm from occurring, you may have the defence of “Necessity”.
- If you were defending yourself or another OR yours or another’s property you may have a Defence of Self-Defence. Many people misunderstand what the limits of Self-defence can be. Most think 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”.
In NSW, a court can impose any of the following penalties for a Cause bodily injury with gunpowder charge.
- Prison sentence
- Home Detention
- Intensive correction order (previously periodic detention)
- Suspended sentence
- Community service order (CSO)
- Good behaviour bond
- Fine; and or
- Section 10
However, from the 24 September 2018 new penalty’s will be replacing the above. They are as follows:
- Full time Imprisonment
- New ICO (ICO) with a home detention condition available
- New Community Correction Order (CCO)
- Fine; and or
- New Conditional release Order (CRO)
Our client aged 58 years of age from Blacktown was charged by police with section 47 of the Crimes Act 1900 (NSW) for using explosive or corrosive fluid. It was alleged our client caused gunpowder to explode which was reported by his wife.
Prior to engaging legal representation our client participated in a police interview where he admitted there had been a gunpowder explosion however stated the explosion occurred from a malfunction while he was reloading his gun. Our client sustained minor burns to his legs which were treated by his local general practitioner.
The matter proceeded through the early appropriate guilty plea (‘EAGP’) process before our client formally entered a plea of not guilty and the matter was committed for trial. Our office in the lead up to the trial engaged a ballistic expert.
The ballistic expert drafted a formal report which we served upon the Director of Public Prosecutions opining there had been a mechanical error. The matter was heard before a jury of 12 members. The jury heard evidence from the officer in charge, the police ballistic expert, our client and the defence ballistic expert. After extensive deliberation, the jury unanimously found our client not guilty of the charge.
Why National Criminal Lawyers?
There are three reasons to choose National Criminal Lawyers:
1. Your best chance to get the result you’re after
We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.
2. How a Senior Defence Lawyer Can Help You Deal With Criminal Charges
No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.
3. National Criminal Lawyers are the best defenders of your rights
At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.
If you have been charged with any Cause bodily injury with gunpowder offence our Team at National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.
Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.