Facts: possession of prohibited firearm in form of sawn off gun
DJ was travelling in a car with two other men, when police stopped and searched the vehicle. On the backseat of the car, the police located a backpack which DJ indicated was his. Inside the backpack, police found a piece of timber which was a sawn-off part of a firearm. They also found a yellow plastic bag containing a shortened firearm in the vehicle’s engine bay. DJ was arrested and cautioned.
Outcome: Guilty plea on possession of prohibited firearm and withdrawal of other charges
O’Brien Criminal and Civil Solicitors successfully represented DJ at Campbelltown District Court.
As instructed by DJ, we entered a guilty plea for one count of possess a prohibited firearm and one count of not keep prohibited firearm safely. Due to entering a guilty plea to these charges, additional charges were withdrawn and dismissed. We negotiated with the Prosecution and were able to withdraw allegations that DJ intended to sell the firearm. We also successfully argued a number of sentencing submissions. These included:
- the offence falling within the mid to lower range of objective seriousness,
- no priors for firearm offences,
- the guilty plea at trial
- and necessary consideration of DJ’s mental health rehabilitation.
If you are facing firearms charges, contact O’Brien Criminal and Civil Solicitors on (02) 9261 4281 to set up a free appointment with the firearms defence lawyers in our Sydney office.