Charged with Six Firearms Offences Whilst Serving an ICO; Minimal Aggregate Sentence Imposed

GC was charged with six firearms-related offences, namely ‘Possess unregistered firearm pistol’, contrary to s 36(1) Firearms Act 1996, ‘Not keep firearm safely not prohibited firearm/pistol’, contrary to s 39(1)(A) Firearms Act 1996, ‘Possess ammunition w/o holding licence/permit/authority’, contrary to s 65(3) Firearms Act 1996, ‘Acquire etc pistol subject to firearms prohibition order’, contrary to s 74(1) Firearms Act 1996, ‘Acquire etc ammunition subject to firearms prohibition order’, contrary to s 74(3) Firearms Act 1996 and ‘Firearm etc found at premises subject to prohibition order’, contrary to s 74(6) Firearms Act 1996. GC was serving an Intensive Corrections Order (ICO) for unrelated offences at the time of his arrest. He has a substantial criminal history including previous firearms charges.

Chris Cole entered negotiations with the Prosecution proposing a number of offences be withdrawn or placed on a Form 1, in exchange for a plea of guilty to the remaining offences. Ultimately, the Crown agreed to commit the matter for Sentence on just two offences, namely ‘Possess pistol subject to Firearms Prohibition Order’ and ‘Possess ammunition subject to Firearms Prohibition Order’. The sequence of ‘Not keep firearm safely’ was placed on a Form 1 and the remaining charges were withdrawn. GC was eligible for a 25% discount on Sentence for his early appropriate guilty plea (EAGP). 

Chris Cole briefed Counsel Mark Davies to appear at District Court Sentence. GC lives with severe cardiac illness and suffered a stroke not long before his arrest. A sentence bundle was prepared comprising of medical reports and documents, an affidavit, character references and other written materials in support of GC’s extenuating circumstances and mitigating factors.      

James Castillo appeared with Mark Davies of Counsel at District Court Sentence. The sentence bundle was tendered. Further tendered was an excerpt from the Bugmy Bar Book outlining the COVID-19 risks and impacts on prisoners. Counsel also prepared written submissions and made further oral submissions on GC’s behalf. GC was called to give evidence.

GC was then sentenced on the offences of ‘Possess pistol subject to Firearms Prohibition Order’, ‘Possess ammunition subject to Firearms Prohibition Order’ and ‘Not keep firearm safely’ (related offence). Ultimately, Her Honour found mitigating circumstances in GC’s favour and sentenced him to an aggregate sentence of 3 years with a non-parole period of 1 year and 8 months, backdated to include time already spent in custody.

This is an outstanding outcome for GC.

Multiple Offences, Minimal Sentence

KN was charged for the following offences; ‘Drive conveyance taken without consent of owner’, contrary to section 154a(1)(B) Crimes Act 1900, ‘Drive motor vehicle during disqualification period’, contrary to section 54(1)(A) Road Transport Act 2013, ‘Possess unauthorised pistol’, contrary to section 7(1) Firearms Act 1996,  ‘Possess prohibited drug’, contrary to section 10(1) ‘Drug Misuse and Trafficking Act 1985, ‘Dishonestly obtain property by deception’, contrary to section 192e(1)(A) Crimes Act 1900, two counts of ‘Larceny value <= $2,000, contrary to section 117 Crimes Act 1900 and ‘Destroy or damage property <= $2,000, contrary to section 195(1)(A) Crimes Act 1900. This was a substantial number of charges for KN.

Chris Cole represented KN in these matters at Liverpool Local Court. KN had two sets of charges Listed for Sentence. The first set of charges related to a break and enter and three further offences were taken into account on a Form 1, those being ‘Drive stolen conveyance’ and 2 x ‘Drive while disqualified’. The second set of matters related to the charges of ‘Possess firearm’, ‘Dishonestly obtain financial advantage’, ‘Possess prohibited drug’ and ‘Drive while disqualified’. His Honour sentenced KN to an aggregate sentence of 20 months imprisonment with a non-parole period of 10 months backdated to time already spent in custody. This means KN will be eligible for release before Christmas this year.  

In addition, His Honour quashed all Habitual Traffic Offender Declarations, and imposed 12 months disqualification periods for each of the ‘Drive disqualified’ offences. KN will be eligible to obtain a driver’s licence in 12 months’ time.

This is a very pleasing result for KN, especially given the extensive list of charges and his habitual driving offences.