The offence of Discharge Missile to Endanger Person or Property is found section 7G of the Summary Offences Act 1966 in Victoria. It is committed by a person who was found to have thrown or discharged a missile to the injury of or danger to any person or damage to any property.
Have you been accused of Discharge Missile to Endanger Person or Property?
Have you been accused of Discharge Missile to Endanger Person or Property?
Police Interview
The police will interview you if they suspect you have committed the offence of Discharge Missile to Endanger Person or Property. Anything you tell police before, during or after the interview can be used by prosecutors against you in Court. They will play your interview in Court and highlight any inconsistencies. Therefore, it is important not to give Police something they can use against you later on.While you cannot avoid a police interview, you can and should seek advice from an experienced criminal lawyer before speaking to police. One of our defence lawyers will explain to you why you should say ‘no comment’ to protect your position, rather than trying to talk yourself out of the situation or being untruthful in your answers.
Alternatively, your lawyer will let you know whether, in your particular circumstances, it would be in your best interests to answer the questions, but this requires careful thought and planning.
Pleading Not Guilty
You can set your matter down for a contested hearing in the Magistrates’ Court if you deny the allegation of Discharge Missile to Endanger Person or Property. One of our experienced defence lawyers can prepare a defence strategy for you to increase your chances of an acquittal or the charge being withdrawn by prosecutors.If you are contesting the charge of Discharge Missile to Endanger Person or Property, you should engage an experienced criminal lawyer at an early stage of proceedings to represent your interests. Your lawyer will be skilled at analysing the evidence, requesting disclosure material and will provide you with expert legal advice about how to best prepare your defence.
Pleading Guilty
You may intend to plead guilty to Discharge Missile to Endanger Person or Property. Perhaps the offence happened on the spur of the moment, or there was a very good explanation for why you acted in the way that you did. Whatever your reason, we will listen to your explanation and form it into a submission in mitigation.One of our experienced criminal lawyer will carefully listen to you to fully understand your story. Your lawyer will then thoroughly prepare your case with the appropriate supporting materials and assist you to achieve the best possible penalty.
Sentencing
Sentencing in the Magistrates’ Courts of Australia
Which court will the case be heard in?
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.
Defences
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?
