What is Causing Bodily Injury with Destructive Matter?

An offence of Cause Bodily Injury with Gunpowder is where a person used either gunpowder or other substance, corrosive fluid, or destructive matter that caused the victim to be burned, maimed, disfigured or disabled or suffered grievous bodily harm.

The Law

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 the 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

Jurisdiction / Case Law

Cause Bodily Injury with Gunpowder is a strictly indictable offence which means that the matter will be finalised in the District Court.

What must the prosecution prove?

Since Cause Bodily Injury with Gunpowder is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove the Accused’s guilt beyond reasonable doubt. That is a high standard of proof that the prosecution must achieve before someone can be convicted.

To establish Bodily Injury Caused by 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 Causing Injury by Gunpowder offence.

If you are charged with the offence of Cause Bodily Injury by Gunpowder, what are your options?

National Criminal Lawyers (NCL) have been successful in defending many Causing Injury by Gunpowder charges where the prosecution could not establish each of the elements to the required threshold of beyond reasonable doubt. We have also achieved several non-convictions for these charges for those who are found guilty or plead guilty.

It is for that reason that National Criminal Lawyers are the preferred specialist criminal solicitors in Sydney.

Our Senior Criminal Defence Lawyers, headed by Michael Moussa, one of Sydney’s Best Criminal Lawyers, will ensure that your case is closely examined to achieve the best of results.

NCL offer the following options for those who have been charged with Cause Bodily Injury with Gunpowder:

  1. 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;
  2. NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that the prosecution has not proven its case beyond reasonable doubt;
  3. 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
  4. 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.

Please contact us now for more information about your options.

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 ensure 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 is 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 the best result available.