Other Criminal Offences – VIC

Welcome to the VIC Offences connected with explosive substances article page. Everything you need to know about Offences connected with explosive substances according to VIC law.

What the Law States according to VIC Law for Offences connected with explosive substances

According to VIC Law for the charge of Offences connected with explosive substances,

Crimes Act 1958 – SECT 317
Offences connected with explosive substances

317. Offences connected with explosive substances

(1) In this Division unless inconsistent with the context or subject-matter-

explosive substance includes-

(a) any material for making any explosive substance;

(b) any apparatus machine implement or materials used or intended to be used or adapted for causing or aiding in causing any explosion in or with any explosive substance; and

(c) any part of any such apparatus machine or implement.

(2) Any person who unlawfully and maliciously causes by any explosive substance an explosion of a nature likely to endanger life or to cause serious injury to property shall, whether any injury to person or property has been actually caused or not, be guilty of an indictable offence, and shall be liable to level 4 imprisonment (15 years maximum).

(3) Any person who unlawfully and maliciously-

(a) does any act with intent to cause by an explosive substance or conspires to cause by an explosive substance an explosion of a nature likely to endanger life or to cause serious injury to property; or

(b) makes or has in his possession or under his control any explosive substance with intent by means thereof to endanger life or cause serious injury to property or to enable any other person by means
thereof to endanger life or cause serious injury to property-

shall, whether any explosion does or does not take place and whether any injury to person or property has been actually caused or not, be guilty of an indictable offence, and shall be liable to level 5 imprisonment (10 years maximum).

(4) Any person who makes or knowingly has in his possession or under his control any explosive substance, under such circumstances as to give rise to a reasonable suspicion that he is not making it or does not have it in his possession or under his control for a lawful object shall, unless he can show
that he made it or had it in his possession or under his control for a lawful object, be guilty of an indictable offence, and shall be liable to level 6 imprisonment (5 years maximum).

(5) Any person who by the supply of or solicitation for money, the providing of premises, the supply of materials, or in any manner whatsoever knowingly procures counsels aids abets or is accessory to the commission of any crime under this Division shall be guilty of an indictable offence, and shall be
liable to be tried and punished for that crime as if he had been guilty as a principal.

(7) In any presentment the same criminal act may be charged in different counts as constituting different crimes under this Division, and upon the trial of any such presentment the prosecution shall not be put to its election as to the count on which it must proceed.

(8) This Division shall not exempt any person from any indictment presentment or proceeding for a crime or offence which is punishable at common law or by any enactment other than this Division but no person shall be punished twice for the same criminal act.

(9) (a) If a magistrate is satisfied by the evidence on oath or by affidavit of any member of the police force above the rank of senior sergeant authorized in writing by the Chief Commissioner of Police (whether generally or in any particular case) in that behalf that there is reasonable ground for suspecting that an offence under this Division has been, is being, or is about to be committed he may grant a search warrant authorizing any member of the police force named therein to enter at any time any premises or place mentioned in the warrant, if necessary by force, and to search the premises or place and every person found therein, and to seize and detain any explosive substance which he finds on the premises or place, or on any such person, in respect of which or in connexion with which he has reasonable grounds for suspecting that an offence under this Division has been, is being, or is about to be committed.

(b) The member of the police force making the search may arrest without warrant any person found on the premises whom he has reason to believe to be guilty of an offence under this Division.

(c) Save as aforesaid the rules to be observed with regard to search warrants mentioned in the Magistrates’ Court Act 1989 shall extend and apply to warrants under this section.

(d) The provisions of this section shall be read and construed as in aid and not in derogation of the provisions with regard to warrants to search contained in the said Act or elsewhere22.

The Maximum Penalty – Offences connected with explosive substances

According to VIC Law for the charge of Offences connected with explosive substances:

For an offence under s 317(2): 15 years imprisonment
For an offence under s 317(3): 10 years imprisonment
For an offence under s 317(4): 5 years imprisonment

What the Police must prove according to VIC Law for Offences connected with explosive substances

To establish an offence under s 317(2):

1. The accused caused an explosion;
2. The accused did so unlawfully and maliciously;
3. The accused caused the explosion by the use of an “explosive substance”;
4. The explosion was of such a nature to be likely to endanger life or to cause serious injury to property.

To establish an offence under s 317(3)(a):

1. The accused committed act with the intent to cause an explosion or conspired to cause an explosion.
2. In doing the act or in conspiring the accused acted unlawfully and maliciously.
3. The explosion was of a nature likely to endanger life or to cause serious injury to property.
4. The explosion was to be caused by an explosive substance.

To establish an offence under s 317(3)(b):

1. The accused made an explosive substance or had in his possession or under his control an explosive substance;
2. The making or possession was with intent to endanger life or cause serious injury to property or to enable another person to endanger life or cause serious injury to property.
3. The accused made the explosive substance or had it in his possession or under his control unlawfully and maliciously.

To establish an offence under s 317(4):

1. The accused made or knowingly had in his possession or under his control an explosive substance.
2. The circumstances were such as to give rise to a suspicion that the making or possession or control was not for a lawful object.
3. The accused cannot show the explosive substance was in his or her possession or control for a lawful purpose.

Possible Defences under VIC Law – Offences connected with explosive substances

1. Factual dispute
2. Lack of intent
3. Identification dispute

In VIC which court will hear the matter – Offences connected with explosive substances

County Court

 

Date: 09/01/2009