Discharge Missile to Endanger Person or Property

Discharge Missile to Endanger Person or Property

A summary offence is a criminal offence but one of a less serious nature than an indictable offence.

Discharging a missile translates to throwing an object at someone or something and by that action placing a person in danger, injuring them or damaging property.

Whether you should plead not guilty or plead guilty depends on an assessment of the circumstances surrounding the charge.
 
Sentencing

Sentencing in the Magistrates’ Courts of AustraliaSentencing Statistics Pie Chart for Discharge or Throw Missile to Endanger Person or Property in the Magistrates' Courts

As a summary offence, any summons for this charge will primarily be handled by the Magistrates’ Court.
 
What is the legal definition of Discharge Missile to Endanger Person or Property?
Any person who throws or discharges a stone arrow or other missile to the injury of or danger to any person or damage to any property shall be guilty of an offence.

Penalty: 25 penalty units or imprisonment for six months or both.

Examples of Discharge Missile to Endanger Person or Property
  • An argument occurs at a sporting match between the supporters of opposition clubs. This results in a fight where objects are thrown from one group to the other.
  • You are with a group of friends and throw an object which hits a vehicle. There are people nearby and the vehicle is damaged.
Legislation
This offence is governed by section 7(g) of the Summary Offences Act 1966.

Elements of the offence
The prosecution must prove:

  • That the accused threw or discharged a stone arrow or other missile; and
  • As a result of this action, caused the injury of, or danger to any person or damage to any property.

Criminal defences that are used in response to this charge are normally around factual dispute and whether the Prosecution can prove the case beyond reasonable doubt.

Questions in cases like this
  • I was just part of the group, can I still be charged with this?
  • How was someone placed in danger?
  • What evidence shows that I was involved in this incident?

Maximum penalty and court that deals with this charge

The offence of Discharge Missile to Endanger Person or Property (s7(g) of the Summary Offences Act 1966) carries a fine of 25 penalty units (currently $4,029.75), six months imprisonment or both in more significant cases.