June 24, 2013

Firearms Offence Case Studies

sydney policeReview real firearms offence case studies in which O’Brien Criminal and Civil Solicitors have acted. See the results we have achieved and what our clients have said about us.

DW – Man charged with drug and firearm charges in the Northern Territory

A man was charged with supply prohibited drug and firearm offences after a police search of his Northern Territory home. The defence negotiated with the prosecution to have the drug charges withdrawn if the client entered a plea of guilty to the firearm charges. We assisted him in the preparation of testimonials of his sentencing hearing.

Key terms: supply prohibited drug – firearm charges – Northern Territory case

NZK – Lenient sentence for firearm offences

NZK was charged with firing a firearm in a public place and an attempted break and enter. After pleading guilty to both offences, we represented NZK in their sentencing hearing. The judge formed a favourable opinion of NZK’s remorse and prospects of rehabilitation after our comprehensive submissions. NZK was sentenced to a relatively short sentence, given the objective seriousness of the offences.

Key terms: firearm in public place – attempted break and enter – guilty plea – sentencing hearing

XP – Successful representations led to not guilty verdict

XP was charged with the unauthorised possession of a pistol after police found an unregistered pistol in an unlocked caravan. It was alleged by the police that, because XP was in the caravan for 45 minutes earlier that day, he had occupied the premises and therefore the firearm possession deeming provisions applied. The defence for XP successfully made representations that XP’s mere presence in the caravan did not meet the definition of ‘occupying the premises’

Key terms: Caravan – search warrant – unauthorised possession or use of pistols or prohibited firearms – section 7 Firearms Act 1996 (NSW) – meaning of ‘possession’ of a firearm – proof of possession – section 4A Firearms Act 1996 (NSW)

ANX – Character references and psychiatric report tendered during sentencing hearing

ANX was charged with discharging a firearm with intent to cause grievous bodily harm. After negotiations, this charge was dropped and he pleaded guilty to lesser charges. During sentencing the defence tendered a psychiatric report and several character references which the judge took into consideration.

Key terms: Discharge firearm with intent to cause grievous bodily harmSection 33A(1)(a) Crimes Act 1900 – Accessory after the fact to firing a firearmSection 350 Crimes Act 1900 and Section 93G(1)(b) Crimes Act 1900 – Specially aggravated attempted break and enterSection 113(3) Crimes Act 1900

JW – Matter adjourned so that the client could complete the MERIT program

JW was charged with the possession of an unauthorised pistol. We had the matter adjourned so that he could be assessed for the MERIT program. After successfully completing the program, we represented him in his sentencing hearing where he was given a suspended sentence.

Key terms: Section 7 Firearms Act 1996 (NSW) – Possess Unauthorised Pistol – Drug use – Plea of guilty – Breach of bond – Suspended sentence

Contact O’Brien Criminal and Civil Solicitors on (02) 9261 4281 to set up a free appointment with the defence lawyers in our Sydney office. 24 hour phone / text: 0421 373 961