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Plead not guilty

In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:

  1. The firearm was in your possession
  2. 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.

Plead guilty

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:

Our client was charged with Possess Prohibited Pistol, following a raid of his house where the Police found a replica “Brunei” pistol. Our client was facing a possible maximum jail sentence of 14 years.

The police alleged that our client was involved in the supply of drugs, a claim he strongly denied. Our client pleaded not guilty and the case went to a defended hearing at Bankstown Local Court in early 2013.

Upon receiving the Brief of Evidence, Adam of our office noticed that there was a deficiency in the Prosecution expert evidence (Ballistics Report) in relation to the pistol.

We appeared before Magistrate Still at Bankstown Local Court in April 2013, arguing that the Police could not prove that the firearm was a ‘pistol’.

The prosecution could not prove that the firearm was ‘capable of being fired with one hand’, as the Ballistics Report failed to address that issue.

The charge was dismissed. A terrific result for our client.

Our client was charged with the possession of pistol. The offence carries a maximum penalty of 14 years and carries a standard non-parole period of 3 years.

Our client instructed us that he had purchased the firearms because he feared for his personal safety.

Our dedicated team represented him in Sydney District Court sentence proceedings before Judge Tupman. During the proceedings our client gave evidence as to the reasons why he purchased the firearm.

Evidence was adduced that threats were made against our client’s life. We obtained reports made by our client about these threats.

The Judge accepted that our client’s moral culpability was reduced and the seriousness of the offence fell towards the lower end of the scale.

The Judge accepted that this offence could be dealt with by of a suspended sentence rather than full time custody, and accordingly sentenced our client to two years imprisonment, but suspended under s.12 of the Crimes (Sentencing and Procedure) Act.

Our team of criminal lawyers fought the DPP for 2 years to keep our client of jail, and succeded.

Our client was arrested by Police in breach of bail, when his partner made allegations against him stating he had assaulted her and he had threatened her with a gun. Police attended the premises and found a rifle hidden in the garden and found a several other gun parts.

Despite all odds, our solicitor obtained bail. In order to do so, she had to show new circumstances, as a prior application had been made, she then had to show cause under the new bail act, and satisfy the magistrate that he was not an unacceptable risk.

To achieve this, our solicitor’s preparation was key. She contacted witnesses and obtained statements which were crucial to the success of the application, enabling us to challenge the Crown case and show it was weak and our client’s detention was not justified.

Bail was granted by Magistrate McGlynn at Parramatta Local Court in early March 2015.