Possession/use of an Unauthorised Firearm or Prohibited Firearm/Pistol

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.