Firearms or Weapons offences

If you agree that you have committed the offence and the police are able to prove all the elements of the offence, it is best to plead guilty at an early opportunity to receive the maximum discount. Currently the maximum discount available for an early plea of guilty is 25% of the sentence.

Furthermore, the early guilty plea shows the Court that you have remorse and contrition for your actions.

Our Lawyers at National Criminal Lawyers work closely with you to ensure that we obtain all necessary paper work at increasing the chances of obtaining the best result and/or a non-conviction or section 10.

For possession of Weapons other than a firearm the maximum penalty of Imprisonment is 14 years.

For Firearms offences the maximum sentences depend on the nature of the firearm and are up to 14 years for the simplest possession. The maximums are even longer for individuals who are classified as “prohibited persons,” including those who have been convicted of serious crimes AND also higher again where there has been an unauthorised use of a Firearm.

The above penalties are reserved for the worse cases of offending.

If you decide to plead not guilty you will need to prepare to go to a Defended Hearing.

A defended hearing is where all the witnesses of that case are called to give evidence. The witnesses are both examined by the prosecution and tested by your defence lawyers.

National Criminal Lawyers have defended numerous people charged with Firearms and Weapons offences and are experts at these hearings.

Sometimes the elements of ????? can be established however there also may exist a defence at law. Some of the possible defences available for those charged with ????? can include:

• You had a licence that allowed you to possess the firearm or weapon;
• You had a licence that allowed you to use the firearm or weapon in the manner that you were;
• The firearm/weapon does not fall within the definition of a prohibited firearm or weapon.
• You could not have reasonably been expected to know the firearm or weapon was in or on your house or car;
• The firearm or weapon was brought into your car or home by someone who was lawfully authorised to possess it.
• Duress-If you were compelled to act in a certain way due to the circumstances, or the threats of another you may be able to argue “Duress” Or
• Necessity – If your actions were necessary to prevent a greater harm from occurring, you may have the defence of-Necessity.

For Firearms matters 35% of offenders went to Prison, however 28% received a Bond.

39% of persons offenders received a fine, whereas 27% received a Bond.

In NSW, a court can impose any of the following penalties for a Firearm/Weapons charge.

• • • Prison sentence
    • Home Detention
    • Intensive correction order (previously periodic detention)
    • Suspended sentence
    • Community service order (CSO)
    • Good behaviour bond
    • Fine
    • Section 10

However, from the 24 September 2018 new penalty’s will be replacing the above. They are as follows:

• • • Full time Imprisonment
    • New ICO (ICO) with a home detention condition available
    • New Community Correction Order (CCO)
    • Fine
    • New Conditional release Order (CRO)

Our Senior Lawyer represented a client who was charged with possessing an imitation firearm. Without a licence or exemption, it is illegal to possess or use firearms or weapons or to carry ordinary items for use as a weapon in NSW. The Firearms Act 1996 requires anyone who wants to own, possess, or carry a firearm, including handguns and long arms, and imitation weapons to obtain a licence. The Weapons Prohibition Act 1998 further prohibits anyone from use, possession, buying, selling, carrying or manufacturing a weapon (unless they have a valid permit). Outlawed Weapons include Imitation firearms unless it is a children’s toy. Although not sold as a children’s toy in Australia Our Senior Lawyer was able to engage an expert in the field of ballistic and weapons and source a report on the item in question. This expert report clearly came back that this was a children’s toy and albeit not for sale in Australia was a common toy produced and manufactured in China. Armed with this information Our Senior Lawyer wrote representations to the Prosecutors office and as a result the decision was made to discontinue the prosecution.