June 24, 2013

Possess firearm charges (unauthorised pistol): Police v JW

Facts:

JW was charged with possession of an unauthorised pistol (maximum penalty 14 years) under section 7 of the Firearms Act 1996 (NSW). He was on a section 9 good behaviour bond at the time of the offence. He had previously had a suspended sentence imposed in respect of an unrelated matter, which had expired. JW had a history of drug use.

JW wanted to plead guilty to the offence. O’Brien Solicitors had the matter adjourned so that JW could be assessed for the MERIT program. JW was assessed as suitable for MERIT and successfully completed the program. He then gained admission into a full-time residential rehab.

Outcome:

O’Brien Solicitors successfully argued that a custodial sentence was not appropriate and JW was sentenced to a 9 month suspended sentence.

Testimonial

“I was so lucky not to have been sentenced to imprisonment for that offence. I was scared of going to jail for the first time. My parents are going to be so relieved. Thank you.” – JW