Defending weapons and explosives charges in Qld - What you need to know
Weapons and explosives charges are serious criminal offences in Queensland, carrying significant penalties, including imprisonment.
Our best criminal lawyers regularly assist clients in navigating these complex legal areas. We have successfully obtained not guilty verdicts for such offences, downgraded charges after negotiations, or successfully negotiated the facts resulting in lesser penalties.
Below, we break down key offences under the Criminal Code (Qld) and the Weapons Act 1990 (Qld), highlighting the legal elements and consequences.
1. Unlawful Dealing with Explosives or Noxious Substances
Under section 470A of the Criminal Code 1899 (Qld), unlawful dealing with explosives or noxious substances carries a maximum penalty of 7 years imprisonment. A person commits a crime if they wilfully and unlawfully make, possess, or leave an explosive or noxious substance in circumstances that could cause injury or property damage.
To prove this offence, the prosecution must establish the following elements beyond a reasonable doubt:
1. That the item is an explosive or noxious substance
2. The defendant throws, leaves down, deposits, makes, or has possession of it
3. In circumstances that may cause injury to a person or damage to property
4. The defendant did so wilfully
5. The defendant did so unlawfully
Because charges under section 470A of the Criminal Code 1899 (Qld) are relatively rare, there are not many court decisions. However, two cases offer helpful guidance on how this section has been applied in practice.
In R v Jang [2000] QCA 103, the defendants were charged under section 470A of the Criminal Code for unlawfully depositing explosive substances. The incident occurred when they placed two homemade “soda bombs” outside the Queensland Aids Council in Townsville. These devices were made using sparklers, aluminium foil, and soda bulbs, and were designed to explode with light and sound. One device exploded near a staff member, causing minor injury and property damage.
While the defendants claimed they intended only to scare, not harm, the court found the conduct serious, particularly because it was targeted at a community organisation and motivated by prejudice. At the time, the maximum penalty for the offence was two years’ imprisonment.
Both defendants were sentenced to nine months, which the Court of Appeal upheld as appropriate given their age, early guilty pleas, and the immaturity shown by their actions.
This case illustrates that primitive or low-impact explosive devices, can still carry serious penalties if they are made, possessed, or left in circumstances that may cause injury to a person or damage to property.
In R v WBV [2022] QSC 101, the case involved a Judge only trial for a charge of attempted murder, and unlawful dealing with noxious substance pursuant to section 470A CC. The ‘noxious substance’ alleged in this case was carbon monoxide in the air of the garage. The court made the following points:
Whether the air in the garage was a noxious thing will depend upon the quantity of different substances in it. A substance which in itself is not a noxious thing may be a noxious thing if administered in sufficient quantity. It is for the Crown to establish that the quantity of the substance in the air was such as to make it noxious. This becomes a question of fact and degree.
In that case, the ‘circumstances’ might be taken to include the facts that the vehicle was in a confined space, its engine was running, and there was sufficient fuel to keep it running for some time.
As such, the Court accepted that the air in the garage had become a "noxious substance" at the relevant time due to the cumulative presence of harmful gases, including carbon monoxide, nitrogen dioxide, sulphur dioxide, and acrolein, produced by the running diesel vehicle in a confined space. The Judge found that the air contained a "cocktail of irritants" capable of causing mucosal and respiratory irritation, especially in a young child. Therefore, the Crown succeeded in proving that the substance (the air) was noxious within the meaning of s 470A.
However, despite this finding, the defendant was ultimately acquitted because the court was not satisfied that the irritation constituted an “injury” as legally required by the offence, and because of doubts about the defendant’s state of mind and the lack of wilful intent to cause harm.
These cases show that the law focuses on context and risk. A chemical or explosive substance on its own may not be enough but it is used or stored, determines the risk of harm.
In a recent case our criminal lawyers dealt with, involved simply the storage of black powder in a cupboard at home. It was not a part of any device. We argued on its own, black powder stored in a cupboard does not cause injury to a person or damage to property. This argument was accepted, and the charge was discontinued.
Therefore, for each case, it is critical to examine in detail the proof required for each offence and also the evidence relied on by the police.
2. Unlawful Possession of Weapons
Section 50 of the Weapons Act 1990 (Qld) makes it an offence to unlawfully possess a weapon, with penalties scaling according to the type and number of weapons involved. The most serious offence, possessing 10 or more weapons, at least 5 of which are category D, E, H or R, carries a maximum penalty of 13 years’ imprisonment.
Other penalties range from 2 to 10 years’ imprisonment or fines of up to 500 penalty units, depending on the weapon category and quantity.
A minimum imprisonment term (from 6 to 18 months actual imprisonment), applies in certain circumstances, such as using a firearm to commit an indictable offence or unlawfully possessing a short firearm in a public place without excuse.
The law also provides some limited defences. For example, if a person’s licence expired within the previous 12 months and they would have been otherwise authorised to possess the firearm, this may amount to a reasonable excuse, unless the licence was surrendered, suspended, or revoked.
3. Manufacturing a Weapon without a Licence
Under section 69 of the Weapons Act 1990 (Qld), strict licensing rules apply to anyone who repairs, stores, or manufactures weapons as part of a business. Unless a person is a licensed dealer, licensed armourer, or otherwise authorised under the Act, they must not engage in these activities, doing so can result in substantial penalties.
Repairing or storing weapons without the appropriate licence can lead to up to 2 years imprisonment, depending on the weapon category. Manufacturing weapons without a licensed armourer endorsement is even more serious: the maximum penalty is 10 years imprisonment for restricted weapons such as category D, H, or R firearms.
However, the law allows for employees or agents of licensed armourers to perform these tasks, provided they are not disqualified from holding a licence and act within the authorised premises.
4. Secure Storage of Weapons – Licensee Obligations
Section 60 of the Weapons Act 1990 (Qld) sets out strict requirements for the secure storage of firearms and weapons.
A licensee who has control of a weapon must ensure it is kept in a secure storage facility whenever it is not in their physical possession. Failing to do so can result in a maximum penalty of 2 years imprisonment or 100 penalty units.
Additionally, the registered owner of a firearm is responsible for ensuring that appropriate secure storage facilities exist at the address listed in the firearms register. Even if the owner is not physically present at the time, compliance with this requirement is mandatory and subject to a maximum penalty of 100 penalty units.
Call Now for Legal Advice
Overall, Queensland’s weapons laws are comprehensive and strictly enforced. While many of these charges carry serious penalties, each contains specific legal elements that must be proven beyond reasonable doubt.
Defence often involves careful examination of the facts, regulatory exemptions, and interpretation of statutory terms.
Have you been charged under the Weapons Act or Criminal Code?
Our team of experienced Brisbane criminal defence lawyers can help by providing advice as to the prospects of pleading not guilty or negotiations. If the evidence is strong, we can recommend options to downgrade the charge or negotiate reduced facts to obtain the least possible penalty. Our explosives and weapons’ lawyers offer strategic criminal defence - call us on (07) 3012 6531 for a free 15-minute confidential discussion.
© 2025 This article is for general information only and is not legal advice. If you are facing charges or need advice about your specific situation, our experienced criminal defence lawyers are available now.