Five Dock Shooting – Are Our Gun Laws Tight Enough?
FIVE DOCK SHOOTING – ONE MAN DEAD OTHER STILL FIGHTING FOR HIS LIFE
Individuals losing their lives in shootings in Sydney have become more and more frequent in the past few years. Yesterday a young man has lost his life and another fighting for his life at Royal Prince Alfred hospital. Why has it become so common that these young individuals have been involved in these shootings? It is unknown whether it is gang or drug related however it continues to be investigated by NSW Police. The most important pressing question is how do these young men so easily possess firearms when such strict laws are in place?
One man is dead and another is in a serious condition after a shooting in Sydney’s Inner West this morning. Police confirmed the two victims were ambushed at an apartment on East Street, Five Dock in a targeted attack at about 3.45am.
John Odisho, 25, named a soccer star playing for Parramatta FC was shot in the head and taken to Westmead Hospital for emergency treatment. He died shortly after admission, having his life support switched off.
As police searched the surrounding streets, one of the alleged attackers, a 28-year-old man, handed himself in to Auburn Hospital with a gunshot wound to the stomach.
Another man involved in the shooting is still wanted by police. CCTV footage obtained by police shows one of the alleged shooters wearing high-visibility clothing as he ran from the scene. A crime scene remains in place while investigations continue.
The president of the Parramatta Melita Eagles football club has released a tribute to ‘senior player’ John Odisho. Mr Odisho was described as a “key signing” for the club’s 2019 season.
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Pursuant to section 7A of the Firearms Act 1996 (NSW) a person must not possess a firearm unless the person has a licence or permit to do so. A person is only permitted to possess a firearm within the category of licence held.
The Weapons Prohibition Act 1998 (NSW) prohibits anyone from use, possession, buying, selling, carrying or manufacturing a weapon (unless they have a valid permit). Weapon’s can include firearm/s, tasers, butterfly knives, flick knives, swords, or any military-style weapons
WHAT MUST THE PROSECUTION PROVE?
Since Firearms and weapons is a criminal offence, the burden of proof lies on the Prosecution. The prosecution must prove the Accused’s guilt beyond reasonable doubt. That is a high standard of proof that the prosecution must achieve before someone can be convicted of Firearms or Weapons possession.
To establish Firearms or Weapons possession, the prosecution must prove each of the following matters beyond reasonable doubt:
That you were in possession of or using a:
- Prohibited firearm; or Pistol; or Weapon
- And either of the following:
- You did not have a licence to do so; or
- You had a licence, but you were using or possessing a firearm or weapon in a way that contravenes a condition of your licence; or
- You had a firearm or weapon licence but were using the firearm or weapon otherwise than for the purpose established by you as being the genuine reason for possessing or using the firearm/weapon.
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 penalty are reserved for the worse cases of offending
To read more about the offence of Firearms, please visit National Criminal Lawyer’s ® dedicated page
The offence of Murder is contained in section 18 of the Crimes Act (NSW). The section states:
(1) Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime punishable by imprisonment for life or for 25 years;
Every other punishable homicide shall be taken to be manslaughter:
(2) No act or omission which was not malicious, or for which the accused had lawful cause or excuse, shall be within this section;
No punishment or forfeiture shall be incurred by any person who kills another by misfortune only.
To read more about the offence of murder, please visit National Criminal Lawyer’s ® dedicated page on