What constitutes discharging a missile to endanger a person or property?

It is an offence to have thrown or discharged a missile to the injury of or danger to any person or damage to any property.

To be found guilty of the offence, the Police Prosecution must prove beyond all reasonable doubt each legal element of the offence as follows:

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

An example of an offence involving discharging a missile to endanger a person or property is as follows:

1. You are in a verbal argument with family members and in a moment of frustration you pick up a half-filled water bottle and you throw it in the direction of family members who are standing next to a vehicle. The throwing of the water bottle results in the vehicle being damaged.

Usually, matters that involve this charge involve other offences against the person, which include unlawful assault, conduct endangering life, recklessly cause injury or intentionally cause injury.

It is also important to note that if the offending giving rise to this charge was to occur in a context of family violence, then this would meet the definition of an act of family violence. This is because family violence is defined to include behaviour by a person towards a family member of that person that is physically abusive, emotionally, or psychologically abusive, threatening, coercive or in any other way controls or dominates a family member and causes that family member to feel fear for the safety or wellbeing of that family member or another person. Importantly, family violence also includes behaviour that causes a child to hear or witness or otherwise be exposed to the effects of these behaviours.

What are the possible penalties for discharging a missile to endanger a person or property?

The maximum penalty is a fine of not more than 24 penalty units (currently $192.31 for 1 penalty unit) or a term of not more than 6 months imprisonment or both in more serious cases.

Where will my case be heard?

The charge is usually dealt with in the Magistrates’ Court, however in certain circumstances and depending on whether more serious charges are involved, the case may be dealt with in the higher courts.

What to do next?

Understandably, when a person is faced with possible charges involving discharging a missile to endanger a person or property, they may not be in the state of mind to think clearly and often act on impulse which further complicates defending any allegations to be made by the Prosecution. Which is why it is extremely important, that you do not speak to Police or Prosecution before seeking legal advice and adequate representation.

Should you require further assistance then seek urgent legal advice without hesitation. You can call our office to discuss your case with one of our solicitors today.