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Lionel Rattenbury
Criminal Defence Lawyer


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Firearm Offences - NSW
Welcome to the NSW Unauthorised possession of firearms in aggravated circumstances article page. Everything you need to know about Unauthorised possession of firearms in aggravated circumstances according to NSW law - Dated: 01/09/2009

What the Law States according to NSW Law for Unauthorised possession of firearms in aggravated circumstances
According to NSW Law for the charge of Unauthorised possession of firearms in aggravated circumstances,

On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:

Law Part Short Description
48374 Possess > 3 unregistered firearms without licence/permit-T2
48375 Possess >3 unregistered firearms, 1 is prohibited/pistol-SI

The Maximum Penalty - Unauthorised possession of firearms in aggravated circumstances
According to NSW Law for the charge of Unauthorised possession of firearms in aggravated circumstances,

The maximum penalty for the charge of unauthorised possession of firearms in aggravated circumstances (Section 51D of the Firearms Act) is 20 years inprisonment.

In NSW, a court can impose any of the following penalties for an unauthorised possession of firearms in aggravated circumstances charge.

You’ll find a brief description of each of these penalties at the bottom of this page.

Likely Penalty

Local Court

Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of unauthorised possession of firearms in aggravated circumstances, if heard in the Local Court, is likely to be a fine of $350.

For first time offenders the likely penalty is a dismissal under section 10 of the Crimes (Sentencing Procedure) Act.

District Court

If the matter is finalised in the District Court the likely penalty is imprisonment for a period of 36 months.

What the Police must prove according to NSW Law for Unauthorised possession of firearms in aggravated circumstances

To convict you of an unauthorised possession of firearms in aggravated circumstances charge, the police must prove each of the following matters beyond a reasonable doubt:

  1. You were in possession of more than 3 firearms.
  2. The firearms were not registered.
  3. You were not authorised by a licence or permit to possess the firearms.
  4. Any one of the firearms was a prohibited firearm.

They will also need to prove that you were the person who committed the unauthorised possession of firearms in aggravated circumstances offence.

Possible Defences under NSW Law - Unauthorised possession of firearms in aggravated circumstances

Possible defences to an unauthorised possession of firearms in aggravated circumstances charge include but are not limited to:

In NSW which court will hear the matter - Unauthorised possession of firearms in aggravated circumstances

This matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Section 10 for an unauthorised possession of firearms in aggravated circumstances charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.

Fines for an unauthorised possession of firearms in aggravated circumstances charge: When deciding the amount of a fine for an unauthorised possession of firearms in aggravated circumstances charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set. Read more.

Good behaviour bond for an unauthorised possession of firearms in aggravated circumstances charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years. Read more.

Community service order for an unauthorised possession of firearms in aggravated circumstances charge. (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order. Read more.

Suspended sentence for an unauthorised possession of firearms in aggravated circumstances charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years. Read more.

Periodic detention for an unauthorised possession of firearms in aggravated circumstances charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order for an unauthorised possession of firearms in aggravated circumstances charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service. Read more.

Jail for an unauthorised possession of firearms in aggravated circumstances charge: This is the most serious penalty for the charge of unauthorised possession of firearms in aggravated circumstances and involves full time detention in a correctional facility. Read more.

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