Offences: Unlawful Possession of a Category M Weapon
Court: Brisbane Magistrates Court
Solicitor: Cameron Browne
Date: 24 November 2021
Our client was charged with unlawful possession of a weapon. The police observed a parked utility vehicle near a boat ramp, which looked out of place at that time and location. Upon approaching the vehicle, our client was observed to be in the driver’s seat whilst his friend was beside him. During a search of the vehicle, the police located a flick knife in the driver’s side door, which is classed as a category M weapon. Our client explained that he was in possession of this item for work purposes, such as cutting rope.
Our client made the informed decision to enter an early plea of guilty to this charge.
Mr Browne made submissions to the court noting the client’s personal background and current employment and lack of any previous criminal history. We further submitted the client’s acknowledgement that the weapon was a useful tool whilst at work, however unlawful and acceptance of responsibility for the offence. We sought to tender character references; however, it was not necessary to do so in circumstances where the Magistrate was persuaded regarding our overall goal.
Mr Browne submitted that the matter could be finalised by way of the imposition of a fine and a non-recorded conviction.
The court ultimately accepted Mr Browne’s submissions and ordered the client pay a fine in the sum of $200.00 and the weapon be forfeited. Importantly for the young client, there was no conviction recorded for this offence.
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.