Author: Andrew George
Practice area: public order offences
Andrew is a founding Director of Doogue + George, ranked by Doyle's Guide as a Leading Criminal Defence Lawyer in Victoria (2026) and an LIV Accredited Criminal Law Specialist since 1995 with over 30 years of experience across all Victorian courts, tribunals and Royal Commissions. His depth of experience in this area means clients receive accurate, considered advice.
View full profile →Andrew authored this content and last revised it for accuracy on 6 August 2026.
What Are Offences Connected with Explosive Substances?
Offences connected with explosive substances under section 317 of the Crimes Act 1958 target serious criminal conduct involving the use, planned use, or unlawful handling of explosive materials where there is a risk to life or substantial property damage. Multiple subsections address different forms of prohibited behaviour.
Key points
- Legislation: Section 317 of the Crimes Act 1958 (including s 317(2), s 317(3) and s 317(4)).
- Prosecution must prove: Unlawful and malicious conduct involving an explosive substance, with the specific intent or circumstances required by the relevant subsection.
- Court jurisdiction: Generally heard in the County Court, but may be dealt with summarily in the Magistrates’ Court.
The maximum penalty for Offences Connected with Explosive Substances is level 4 imprisonment (15 years).
Common defences may include disputing intent, challenging whether the item meets the statutory definition of an explosive substance, or establishing that the substance was made or possessed for a lawful object.
Have you been accused of Offences Connected With Explosive Substances? This is a serious allegation and you must contact our firm to arrange a conference with one of our experienced defence lawyers as soon as you become aware of this allegation.
Police Interview
If you have been arrested for Offences Connected With Explosive Substances, or if you know that police want to interview you about the offence, it is vital that you contact an expert criminal lawyer for assistance. Your lawyer will provide you with clear and knowledgeable legal advice about the interview process and when you should consent to forensic procedures.
Police will only interview you if they suspect you have committed an Offence Connected with Explosive Substances. They are trained to ask questions in a way to elicit admissions or inconsistencies in your version. You will have important questions about the interview, such as:
- Do I need to go to the interview?
- Will I be remanded?
- Should I answer the questions?
Our lawyers can answer these important questions.
Pleading Not Guilty
If you have received a summons for an offence such as Offences Connected With Explosive Substances, you may also have been served with a bundle of other documents made up of witness statements, expert reports and photographs. This is called the preliminary police brief.
The police brief for charges such as Offences Connected With Explosive Substances may contain complex forensic material. It is important to seek advice from an experienced criminal lawyer when charged with any offence, and this is particularly so in relation to this type of offence. Your criminal lawyer will assess the evidence in the police brief, request any outstanding material, engage independent experts to analyse forensic material, and of course assist you to defend the charge.
Pleading Guilty
Pleading guilty to Offences Connected With Explosive Substances essentially means that that you accept responsibility for your behaviour and the offence.
Even in circumstances where you accept wrongdoing and you agree that you have committed Offences Connected With Explosive Substances, you should always seek advice and legal representation from an experienced criminal lawyer. Your lawyer understands the Court process and what is required to help you get the best outcome in your particular circumstances.
Sentencing
Sentencing in the higher courts of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Crimes Act 1958 (Vic) s 317(4) — 11 charges, higher courts, 1 July 2019 – 30 June 2024.
| Outcome | % |
|---|---|
| Imprisonment | 81.8% |
| Fine | 18.2% |
The data indicates a strong likelihood of a custodial sentence for this offence at this level, reflecting the serious risks associated with unlawful explosive substances. In determining penalty, the court will consider factors such as the nature of the substance, the circumstances of possession or manufacture, and the offender’s prior history. Given the seriousness of the offence, careful preparation and experienced advocacy are essential.
Sentencing in the Magistrates’ Court of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Crimes Act 1958 (Vic) s 317(4) — 146 charges across 141 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.
| Outcome | % |
|---|---|
| Fine | 37.7% |
| Community Correction Order | 24.7% |
| Imprisonment | 19.9% |
| Adjourned Undertaking | 13.7% |
| Discharge/Dismissal | 4.1% |
These figures demonstrate that custody is a real possibility, although courts frequently impose financial penalties or community-based supervision depending on the circumstances. Sentencing will depend on factors such as the nature of the substance, the level of risk involved and the offender’s prior history. Early legal advice can help influence the outcome.
Which court will the case be heard in?
This offence is a serious indictable offence and is generally heard in the County Court which can also be heard summarily in the Magistrates’ Court.
What is the legal definition of Offences Connected with Explosive Substances?
There are multiple offences connected with explosive substances. These include:
S 317 (2) Causing an explosion likely to endanger life or to cause serious injury to property using an explosive substance
S 317 (3) unlawfully and maliciously—
- Doing 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
- making or possessing 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
S 317 (4) making or knowingly possessing or controlling any explosive substance, under such circumstances as to give rise to a reasonable suspicion that the person 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
Section 317(1) of the Crimes Act 1958 defines ‘explosive substance’ as:
- any material for making any explosive substance;
- 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
- any part of any such apparatus machine or implement.
Section 15 of the Crimes Act 1985 defines ‘serious injury’ as –
- an injury (including the cumulative effect of more than one injury) that—
- endangers life; or
- is substantial and protracted; or
- the destruction, other than in the course of a medical procedure, of the foetus of a pregnant woman, whether or not the woman suffers any other harm;
An injury can be –
- physical injury; or
- harm to mental health—
whether temporary or permanent.
Examples of Offences Connected with Explosive Substances
- Using explosive substances to cause an explosion;
- Mixing chemicals with the intention of causing an explosion which was likely to cause an injury or damage property.
Legislation
This offence can be found in section 317 of Crimes Act 1958.
Elements of the offence
The elements of the offence will depend on which offence you have been charged with.
S 317 (2) The Prosecution must satisfy a Magistrate or Judge of the following elements beyond a reasonable doubt:
- The Accused caused an explosion unlawfully and maliciously by using an explosive substance;
- The explosion was likely to endanger life or cause serious injury to property.
S 317 (3)(a) The Prosecution must satisfy a Magistrate or Judge of the following elements beyond a reasonable doubt:
- The Accused unlawfully and maliciously did and act or conspired to do an act by an explosive substance;
- intended to cause an explosion likely to endanger life or to cause serious injury to property
S 317 (3)(b) The Prosecution must satisfy a Magistrate or Judge of the following elements beyond a reasonable doubt:
- The Accused unlawfully and maliciously made or had in their possession an explosive substance
- intended by the use of the explosive substance 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
S 317 (4) The Prosecution must satisfy a Magistrate or Judge of the following elements beyond a reasonable doubt:
- The Accused made or knowlingly had in their possession any explosive substance;
- had the substance in circumstances that gave rise to the a reasonable suspicion that they did not make it or did not have it in their possession or under their control for a lawful object
- did not make it or did not have it in their possession or under their control for a lawful object
Can the Prosecution prove that the explosion had the potential to damage property or cause a serious injury?
Defences
Defences to this could be a factual dispute, the concept of beyond reasonable doubt, wrongful identification, or lack of intent.
You should call us to discuss your case with one of our experienced lawyers if you have been charged with this offence. Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with one of our criminal lawyers.
Questions in cases like this
- Did you know that mixing the substances would cause an explosion?
- Were you responsible for creating the explosion?
- Did you have a lawful excuse for causing the explosion?
- Did the explosion have the potential to cause a serious injury or damage property?
Maximum penalty for section 317 of the Crimes Act 1958
The maximum penalty for Offences Connected with Explosive Substances (s317 of the Crimes Act 1958) is level 4 imprisonment or 15 years.
