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Offences

Firing at dwelling-houses or buildings

Offence title:

Firing at dwelling-houses or buildings

Act:

93GA Crimes Act (NSW)

Offence:

(1)   A person who fires a firearm at a dwelling-house or other building with reckless disregard for the safety of any person commits an offence.

(1A) A person who, during a public disorder, fires a firearm at a dwelling-house or other building with reckless disregard for the safety of any person commits an offence.

(1B) A person who, in the course of an organised criminal activity, fires a firearm at a dwelling-house or other building with reckless disregard for the safety of any person commits an offence.

Penalty:

(1)   Imprisonment for 14 years

(1A) Imprisonment for 16 years

(1B) Imprisonment for 16 years

 Summary/Indictable/mixed:

Indictable

Jurisdiction:

District or Supreme Court

How committed:

(1)   Person A waves a pistol around at a house party and for fun and fires a shot.

(1A) Person A goes on a climate protest which breaks out into a riot outside a politicians’ home, during the disorder, A fires a shot into the house.

(1B) Person A is part of a crew that robs a bank. While inside the bank he firearms a shot into the wall behind the tellers.

Important note:

In the prosecution of an offence under this section, it is not necessary to prove that a person was actually placed in danger by the firing of the firearm.

Alternative verdict: If, on the trial of a person for an offence under this section, the jury is not satisfied that the accused is guilty of the offence but is satisfied on the evidence that the person is guilty of an offence under section 93G or 93H, it may find the person not guilty of the offence charged but guilty of an offence under section 93G or 93H, and the accused is liable to punishment accordingly.

 Alternative verdict: If, on the trial of a person for an offence under subsection (1A) or (1B), the jury is not satisfied that the accused is guilty of the offence but is satisfied on the evidence that the person is guilty of an offence under subsection (1), it may find the person not guilty of the offence charged but guilty of an offence under subsection (1), and the accused is liable to punishment accordingly.

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