Pursuant to section 48 Crimes Act 1900, it is an offence punishable by 14 years imprisonment to place explosives near buildings, conveyances or public places. Section 48 Crimes Act 1900 states:

• A person who causes an explosive to be placed in or near—

(a) a building, or

(b) a vehicle, vessel, train or other conveyance, or

(c) a public place,

with the intention of causing bodily harm to any person, is guilty of an offence.

Maximum penalty–Imprisonment for 14 years.

• A person commits an offence under this section whether or not—

(a) any explosion occurs, or

(b) any bodily harm is caused.

On 7 April 2020, the NSW Police were called to a Dyldam construction site at Yattenden Crescent, Baulkham Hills. On this construction site the Police found a suspicious device in the cabin of one of the cranes. The device was dismantled by the Bomb Disposal Unit and sent for testing. It is believed that the device was a crude homemade bomb.

The offence is a serious one and as per 48(2) Crimes Act 1900, the fact that the device did not explode or that no one was harmed, does not negate the offence.

Bomb threats

Making bomb threats can also constitute an offence pursuant to section 93Q Crimes Act 1900, which states:

• A person who conveys information—

• that the person knows to be false or misleading, and

(b) that is likely to make the person to whom the information is conveyed fear for the safety of a person or of property, or both,

is guilty of an offence.

Maximum penalty–Imprisonment for 5 years.

On 29 March 2020 at about 4:40am, NSW Police were called to Northmead after a 50 year old man had stopped his truck in traffic. When the Police approached the man, he indicated to the Police that he had an explosive device. A Police parameter was set up and the man finally surrendered and was arrested and charged with the above offence.

Offences that undermine public safety are often very serious in nature and are taken very seriously by the Police and the Courts. However, in most circumstances, the offenders exhibit mental health issues or are under influence of drugs or alcohol.

Pannu Lawyers extensively practice in Criminal Law and regularly appear at Courts throughout New South Wales. If your matter is at Blacktown Local Court, we are conveniently located within a walking distance from the Blacktown Local Court. Call our office on 02 9920 1787 to discuss your matter in a confidential manner.