In New South Wales, firearms and weapons offences are very serious offences. In Australia, the legislation that compasses firearms and weapons offences are within the Firearms Act 1996, Crimes Act 1900 and the Weapons Prohibition Act 1998 laws. These laws regulate the possession, use, purchase, manufacture and supply of firearms and weapons. They also administer the penalties of these offences.
Last weekend, photographs and videos had emerged which showed three NRL players, along with a group of 10 men, shooting guns and riding dirt bikes on a property at South West Rocks and have now been issued with fines.
THE STORY
These photographs and videos have been posted on Josh Addo-Carr’s Instagram account showing the group huddled around a camp fire on the property. Josh had later posted a video on his Instagram saying “he was really sorry from the bottom my heart” and that the getaway to the property was because of family members “going through a really tough time”.
Latrell also posted an apologetic video saying he had a “little bit of a slip up…. we’re not here to break any rules or hurt anyone, we’re not being selfish but I couldn’t turn down the brother in their time of need”. You can read the full story here.
After a police investigation, New South Wales Police fined Latrell Mitchell, Josh Addo-Carr and Tyronne Roberts-Davis $1,000 each for failing to comply with the social distancing rules under the Public Health Act 2010 (NSW) (‘the order’). The order states that it is an offence to not comply with public health order and who ever fails to comply with the requirement of this order is guilty of an offence will receive a maximum penalty of 100 units or imprisonment for 6 months, or both. Read National Criminal Lawyers® blog in relation to the commencement of the order, what are the exceptions and the and the penalties.
Earlier this month, in an unrelated matter, photographs had surfaced of Penrith Panthers Nathan Cleary seen with a group of women in his home breaching social distancing rules. Each of the five women were fined $1000 and Nathan Cleary had a 60 percent of his $10,000 fine, and a one-game ban, suspended.
THE PENALTIES GIVEN TO THE NRL PLAYERS
Latrell was charged with giving a firearm to a person not authorised by licence/permit and has been given a fine and his firearms licence was suspended. A number of guns were seized by police.
Josh has been charged with the unauthorised use of a firearm and has been given a fine.
Tyronne was issued with a $10,000 fine, with 60 percent of that suspended.
Furthermore, each player has been handed a one-game ban, however it is also suspended.
THE LAW
Under 7A of the Firearms Act 1996 (NSW), a person must not possess a firearm unless the person is authorised to do so by a licence or permit. The maximum penalty is 5 years of imprisonment. National Criminal Lawyers® have provided a considerable amount of information on firearms, weapons offences, what the prosecution must prove and the options you have if you are charged with firearms offence.
Section 12 of the Firearms Act 1996 (NSW) states that an individual must have a genuine reason for having a license. The section provides a list of what those genuine reasons are. These include:
- Sport/target shooting
- Recreational hunting/vermin control
- Vertebrate pest animal control
- Business or employment
- Occupational requirements relating to rural purposes
- Animal welfare
- Firearms collection
If you have been charged with a firearms or weapons offence, contact National Criminal Lawyers® to discuss your charges and your matter. Our criminal law specialists are the best defenders of your rights. We understand how the law works and how to obtain the best result for you.