Possession and More

Overview:

Our client’s home was subject to a search warrant on an unrelated matter.  During this search, police located a number of restricted items (nunchakus and a telescopic baton) and a homemade silencer.  Police also found a small gun safe which was not secured to the floor as required.

Throughout the search, our client was cooperative with police and made admissions to possessing restricted items, disclosing further restricted items that the investigating officers had not previously located.

Our client entered a plea of guilty on the first occasion.  A character reference was tendered on his behalf.  Our client’s good character and longstanding involvement in the community was well documented by his character reference.  This, coupled with our client’s lack of prior criminal history was important in demonstrating to the court that our client was unlikely to be brought before the courts again.

After submissions were made our client was fined $1,000.00 for all offences.   No conviction was recorded on his criminal history.  This was an excellent result in the circumstances.

This matter highlights both the importance of licensees understanding their specific obligations under the Weapons Act and the general obligations on persons to not possess restricted items.  This general obligation is particularly important as our client purchased a number of restricted items over the counter at weapons and martial arts stores.

It is a serious offence against the Weapons Act to possess a category R weapon (silencer).  The maximum penalty under s 50(1)(c)(i) of the Act is 300 penalty units or 7 years imprisonment.  The maximum penalty for possession of a category M weapon (telescopic baton) is 100 penalty units or 2 years imprisonment.

The maximum penalty for failing to securely store weapons is 100 penalty units or two years imprisonment.

The maximum penalty for possession of a restricted item is 10 penalty units.

WARNING:

This is a summary of an actual case. Details have been omitted to protect the privacy of our client. We select cases which are informative and no guarantee is provided that similar results are achievable in all cases. Every case is different and you should obtain legal advice specific to your matter and circumstances.