Trespassing with or dangerous use of firearm or spear gun

Offence title:

Trespassing with or dangerous use of firearm or spear gun

Act:

93H Crimes Act (NSW)

Offence:

(1)   A person who, possessing a firearm, imitation firearm, spear gun or imitation spear gun, enters any building or land (other than a road), unless the person:

1. is the owner or occupier of the building or land or has the permission of the owner or occupier, or
2. does so with a reasonable excuse, or
3.  does so for a lawful purpose,

commits an offence.

(2)   A person who fires a firearm or spear gun in or into any building or on or on to any land, unless the person:

1.  is the owner or occupier of the building or land or has the permission of the owner or occupier, or
2. does so with a reasonable excuse, or
3. does so for a lawful purpose,

commits an offence.

Penalty:

(1)   Imprisonment for 5 years

(2)   Imprisonment for 10 years

 Summary/Indictable/mixed:

(1)   Mixed

(2)   Mixed

Jurisdiction:

(1)   Local, District or Supreme Court

(2)   Local, District or Supreme Court

How committed:

(1)   Person A attends house party and for fun and takes a pistol.

(2)   Person A attends house party and for fun and takes a pistol which he fires at a tree, when he has no permission or authority to do so.

Important note:

The onus of proving the matters referred to in subsection (1) (a), (b) and (c) and subsection (2) (a), (b) and (c) lies with the defendant.