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Includes information on applicable charges, fines, penalties and sentences for assault in criminal law if convicted of the criminal offence.

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Causing Bodily Injury By Gun Powder

The Law

Section 46 of Crimes Act 1900 states:
Whosoever maliciously by the explosion of gunpowder or other substance, or the use of any corrosive fluid, or destructive matter, burns maims disfigures disables, or does grievous bodily harm to, any person, shall be liable to imprisonment for 25 years.


Maximum Penalty:


The Maximum penalty for the offence of causing bodily injury by gunpowder is 25 years imprisonment.


What the police must Prove


In order for the police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

  1. The accused used either gunpowder or other substance, corrosive fluid, or destructive matter;
  2. It caused the victim to be burned, maimed, disfigured or disabled or suffered grievous bodily harm;
  3. The act of the accused was done maliciously.

It will be necessary for the police in every offence to prove that the accused was the person who committed the offence. 


What court is likely to hear the matter?


This matter is strictly indictable which means that it can only be finalised in the District Court.

 

Disclaimer

The information contained in this page was accurate at the time it was published. You should confirm the accuracy of this information with us or another solicitor before relying upon it. For free confirmation please contact Armstrong Legal.

It is most important that you understand that each criminal case is different. While the material in this page is intended to be relevant to the majority of cases, it may not apply to every case.

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