Plead not guilty
In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:
- The firearm was in your possession
- The firearm was either:
a) Unlicensed; or
b) A prohibited firearm/pistol
If any of the above elements cannot be proven beyond reasonable doubt, then you will be found not guilty of the offence.
If the above elements can be proven beyond reasonable doubt, you will still be found not guilty if any of the following defences can be established:
Our experienced criminal lawyers will advise you of your prospects of successfully defending any charge brought against you and fight to have you found not guilty of the offence.
If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to a less serious charge.
The offence of Possession/use of an unauthorised firearm carries a maximum penalty of 2 years imprisonment in the Local Court and a maximum penalty of 5 years imprisonment in the District Court. The offence of Possession/use of a prohibited firearm/pistol carries a maximum penalty of 2 years imprisonment in the Local Court and a maximum penalty of 14 years imprisonment in the District Court.
Possession/use of an unauthorised firearm or a prohibited firearm/pistol are considered to be extremely serious offences. We advise that you contact one of our solicitors immediately if you are charged with either of these offences.
Generally, penalties that a court can impose for any criminal offence in NSW are: