Offences Connected with Explosive Substances

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 VictoriaSentencing in the Magistrates’ Courts of Victoria

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?

Section 317 of the Crimes Act 1958 defines ‘explosive substance’ as:

1. any material for making any explosive substance;
2. 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
3. any part of any such apparatus machine or implement.

Section 3 of the Crimes Act 1958 defines an ‘injury’ as –

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 Prosecution must satisfy a Magistrate or Judge of the following elements beyond a reasonable doubt:

1. The Accused caused an explosion unlawfully and maliciously by using an explosive substance;
2. The explosion was likely to endanger life or cause serious injury to property.

“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.

Other important resources

• SACStat Higher Courts – Crimes Act 1958 (Vic) : s 317(4) – makes or possesses explosive substance without lawful excuse
• SAC Statistics – Crimes Act 1958 (Vic) : s 317(4) – makes or possesses explosive substance without lawful excuse