No Conviction for Unauthorised Use of Firearm After Successful Section 10 Application at Blacktown Local Court
National Criminal Lawyers® has successfully obtained a no-conviction outcome for a client charged with unauthorised use of a firearm following proceedings before Blacktown Local Court.
Our client pleaded guilty to an offence under section 7A(1) of the Firearms Act 1996 (NSW) after briefly using a .308 calibre rifle while participating in a feral pig hunting trip on private rural property.
Despite the seriousness with which firearm offences are treated in New South Wales, the Court was persuaded not to record a conviction.
Our client was instead sentenced to a 12-month Conditional Release Order without conviction.
The result demonstrates the importance of careful preparation, properly addressing the circumstances of the offending and presenting persuasive subjective material when seeking a Section 10 no-conviction outcome in NSW.
WHAT IS THE OFFENCE OF UNAUTHORISED USE OF A FIREARM IN NSW?
Firearm possession and use are strictly regulated in New South Wales.
Section 7A of the Firearms Act 1996 (NSW) regulates the unauthorised possession or use of firearms.
A person who is not authorised by a licence or permit can therefore face criminal prosecution for possessing or using a firearm.
Firearm offences can carry serious criminal consequences, even where the firearm itself was lawfully registered to another person.
THE CIRCUMSTANCES OF THE FIREARM CHARGE
The offence arose from a feral pig hunting trip on private rural property at Come By Chance in regional New South Wales.
Our client travelled to the property with a group of family members and friends who had previously attended the property for hunting.
A number of firearms were present. The firearms were registered to members of the group who were licensed firearm holders.
Our client did not bring the firearm the subject of the charge to the property.
During the hunting activity, our client briefly used a .308 calibre Steyr Scout rifle belonging to a licensed member of the hunting group.
Our client was not, however, the holder of a current firearms licence at the time.
The agreed factual position was that our client briefly handled and discharged the firearm while attempting to shoot feral pigs on private rural land. His use was confined to the hunting activity and the firearm remained the property of its licensed owner.
Importantly, there was no suggestion that the firearm had been acquired by our client for a criminal purpose or used for violence, intimidation or any other criminal activity.
EARLY REPRESENTATIONS AND NEGOTIATING THE FACTS
An important part of the defence strategy involved ensuring that the circumstances of the offence were accurately reflected in the material ultimately placed before the Court.
National Criminal Lawyers® made detailed written representations to NSW Police addressing the factual and evidentiary issues in the prosecution case.
Those representations addressed, among other matters, the rural hunting context, the limited period during which our client used the firearm, the fact that it belonged to a licensed firearm holder and the circumstances surrounding our client’s electronically recorded interview with police.
The defence ultimately proposed that the matter resolve by a plea of guilty on the basis of amended facts which properly reflected the circumstances of the offending.
This is an important feature of criminal proceedings.
The wording of an agreed facts sheet can materially affect the way in which an offence is ultimately presented to the sentencing Court. For that reason, negotiating the factual basis of a plea can be just as important as preparing the sentencing application itself. Obtaining legal advice and making appropriate representations at an early stage can therefore be important when the prosecution’s original description of the offending does not properly reflect the circumstances in which it occurred.
CAN YOU RECEIVE A SECTION 10 FOR A FIREARMS OFFENCE?
Yes.
The fact that an offence involves a firearm does not automatically prevent a Court from dealing with an offender without recording a conviction.
Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) gives a Court power, in appropriate circumstances, to deal with an offender without proceeding to conviction.
One available outcome is a Conditional Release Order without conviction under section 10(1)(b).
The Judicial Commission of NSW explains that section 10 provides a number of sentencing options where a Court decides not to record a conviction, including dismissal of the charge and discharge under a Conditional Release Order.
The Judicial Commission’s Sentencing Bench Book – Dismissal of Charges and Conditional Discharge provides further guidance concerning the operation of section 10 and Conditional Release Orders.
WHAT DOES THE COURT CONSIDER FOR A SECTION 10 APPLICATION?
A Section 10 application is not granted automatically simply because a person has pleaded guilty, has no significant criminal history or would prefer to avoid a conviction.
Under section 10(3) of the Crimes (Sentencing Procedure) Act 1999 (NSW), the Court considers matters including:
- the person’s character and antecedents;
- age, health and mental condition;
- the nature of the offence;
- any extenuating circumstances; and
- any other matter the Court considers proper.
The Court must ultimately determine whether the particular circumstances justify dealing with the offender without recording a conviction.
For that reason, the preparation of a Section 10 application can be extremely important.
BUILDING THE SECTION 10 APPLICATION
National Criminal Lawyers® prepared detailed written sentencing submissions seeking a Conditional Release Order without conviction.
The defence accepted that the unauthorised use of a firearm was serious and that firearm regulation serves an important public-safety purpose. The submission was not that the offence should be treated as trivial.
Instead, we focused upon the particular circumstances of the offending and the client’s strong subjective case.
The Court was provided with material addressing our client’s:
- acceptance of responsibility and remorse;
- family responsibilities;
- longstanding employment and business responsibilities;
- work involving children and vulnerable people;
- substantial community contribution;
- character;
- prospects of rehabilitation; and
- low risk of reoffending.
The sentencing material demonstrated that our client had operated a transport business servicing children with disability for more than 16 years and held a significant management role within an NDIS registered provider employing approximately 45 staff.
The Court was also provided with detailed character material concerning our client’s longstanding voluntary and community contributions.
This material was important because a successful Section 10 application generally requires more than simply asking the Court not to record a conviction. The application should explain why a no-conviction outcome is appropriate in the particular circumstances of the offender and the offence.
PARITY WITH A RELATED FIREARM MATTER
Another significant feature of the defence submissions concerned parity and consistency in sentencing. In simple terms, parity is concerned with avoiding unjustified disparity between offenders involved in closely related conduct.
The licensed owner of the same firearm had separately been prosecuted in connection with providing the rifle to our client while knowing that our client was unauthorised to use or possess it.
That related matter arose from the same hunting trip, same firearm and same transaction.
The other offender had previously received a two-year Conditional Release Order without conviction at Blacktown Local Court.
Our written submissions therefore addressed the principle of parity and the importance of consistency in sentencing, while acknowledging the factual differences between the respective offenders.
This provided an additional basis upon which the defence submitted that recording a conviction against our client would not be necessary to achieve the purposes of sentencing.
SUCCESSFUL RESULT AT BLACKTOWN LOCAL COURT
The matter was ultimately determined at Blacktown Local Court on 10 August 2026.
National Criminal Lawyers® submitted that the Court could appropriately deal with the matter without recording a conviction, having regard to the particular circumstances of the offence, our client’s subjective material, demonstrated remorse, rehabilitation prospects and the related sentencing outcome.
The Court ultimately determined that it was appropriate to deal with our client without proceeding to conviction.
Our client was:
- found guilty of the offence but dealt with without proceeding to conviction; and
- sentenced to a 12-month Conditional Release Order commencing on 10 August 2026.
The Conditional Release Order was subject to the standard conditions that our client not commit any further offence and appear before the Court if called upon during the term of the order.
The result meant that no conviction was recorded for the unauthorised firearm offence.
For a client facing a serious firearm charge, this was an excellent outcome.
National Criminal Lawyers® regularly appears at Blacktown Local Court and represents clients charged with criminal and firearm offences throughout New South Wales.
COURT ORDERS CONFIRMING THE NO-CONVICTION RESULT
The redacted Court Orders confirming the successful Section 10 no-conviction outcome are reproduced below.
The Orders confirm that the Court found our client guilty but, without proceeding to conviction, imposed a 12-month Conditional Release Order.
The Orders therefore provide documentary confirmation that no conviction was recorded for the unauthorised firearm offence.
Redacted Court Orders – Blacktown Local Court. Personal and identifying information has been removed to protect our client’s privacy.
WHAT IS A CONDITIONAL RELEASE ORDER WITHOUT CONVICTION?
A Conditional Release Order, commonly referred to as a CRO, is a sentencing order available under the Crimes (Sentencing Procedure) Act 1999 (NSW).
A Court can impose a CRO either with or without recording a conviction.
Where the Court makes an order under section 10(1)(b), the person is discharged under a Conditional Release Order without the Court proceeding to conviction.
A CRO is nevertheless a Court order and must be complied with.
In this case, our client was required for 12 months to comply with the standard conditions of the order, including that he not commit another offence and that he appear before the Court if called upon.
A no-conviction CRO should therefore not be confused with the Court simply ignoring or excusing an offence.
WHY EARLY PREPARATION MATTERS IN FIREARMS CASES
Firearms offences are treated seriously by NSW Courts.
However, the ultimate outcome of a case can depend upon much more than the name of the charge itself.
The precise factual circumstances, the reason the firearm was possessed or used, the offender’s criminal history, rehabilitation prospects, remorse, character evidence and the quality of the material placed before the Court can all become important.
In this case, preparation commenced well before sentence.
Detailed representations were made concerning the prosecution evidence and the appropriate factual basis upon which the matter should proceed. Once the matter was resolved, extensive subjective material and written sentencing submissions were prepared in support of the application for a no-conviction Conditional Release Order.
That preparation allowed the Court to consider not simply the fact that an unauthorised firearm had been used, but the full circumstances of the offence and the individual appearing for sentence.
CHARGED WITH UNAUTHORISED USE OR POSSESSION OF A FIREARM IN NSW?
If you have been charged with unauthorised possession or use of a firearm, obtaining legal advice at an early stage can be important.
Depending upon the circumstances, a criminal lawyer may be able to examine the prosecution evidence, negotiate the factual basis of the charge, identify available defences or prepare sentencing material directed towards achieving the most favourable outcome available.
A Section 10 no-conviction order is not guaranteed, and every case turns upon its own circumstances.
National Criminal Lawyers® represents clients charged with firearm and weapons offences throughout Sydney and New South Wales.
Our Blacktown criminal lawyers regularly appear at Blacktown Local Court and can advise you about your options if you have been charged with a criminal offence.
Contact National Criminal Lawyers® to arrange a confidential consultation with one of our criminal defence lawyers.
