Firearms Offences
Principal offence covered in this table:
-Trafficking prohibited firearms or firearm parts into Australia (maximum penalty: 2500 penalty units or 10 years’ imprisonment);
-Importation of Tier 2 goods (maximum penalty: 10 years’ imprisonment);
-Prohibited person possess firearm (maximum penalty: 1200 penalty units or 10 years’ imprisonment);
-Disposing of a trafficable quantity of unregistered firearm without a dealer's licence (maximum penalty: 1200 penalty units or 10 years’ imprisonment);
-Possessing an unregistered general category handgun (maximum penalty: 600 penalty units or 7 years’ imprisonment);
-Possessing an unregistered Category C or Category D longarm (maximum penalty: 240 penalty units or 4 years’ imprisonment);
-Possessing an unregistered Category A or Category B longarm (maximum penalty: 120 penalty units or 2 years’ imprisonment)
Case / Date / Disposition Type / Head Sentence / Orders / Individual Sentences / Plea / Offence / Appeal StatusBasic[2017] VCC 977
(resentenced on appeal) / 11 July 2017 / Custodial / 66 months (5 years 6 months)
NPP – 44 months (3 years 6 months) / Prohibited person possess firearm x 4 (36 months x 2, 30 months x 2)
Possessing a prohibited weapon (2 months)
Breach of CCO (2 weeks)
Possession of a drug of dependence (7 days)
Possession of cartridge ammunition without a licence ($1500 fine)
CCO cancelled and re-sentenced on original offences:
Prohibited person possess firearm x 2;
Prohibited person possess silencer; and
Possess ammunition without licence and store insecurely (aggregate sentence - 36 months) / G (early) / Offending – Police searched a house where O was living and located:
- a loaded semi-automatic pistol
- an unloaded semi-automatic handgun
- a Winchester 12 gauge pump-action shotgun
- a loaded semi-automatic handgun with serial number removed
- two small vials of anabolic steroids
- multiple amounts of ammunition of varying types
- a black body armour vest
Offender – on CCO at time of offending, prior convictions for firearms, property and violence offences, 37 y male / Sentence appeal allowed (manifest inadequacy)
[2017] VSCA 376
15 December 2017
Case summary
Wynd [2017] VCC 1245 / 31 August 2017 / Custodial / 48 months (4 years)
NPP – 30 months (2 years 6 months)
$500 fine
18 months (1 year 6 months) license disqualification / Prohibited person possess firearm (28 months)
Threat to inflict serious injury (18 months)
Common assault (8 months)
Theft (6 months)
Possessing a prohibited weapon (6 months)
Breaching a family intervention order x 3 (4 months x 3)
Harassing a witness (4 months)
Retention of stolen goods (1 month)
Driving while disqualified (1 month)
Possessing a controlled weapon (1 month)
Possessing cartridge ammunition without a licence ($500 fine) / G (late) / Offending – O was in a relationship with V, and lived with her on an on-and-off basis.
One night, O was upset that V was home late, and tipped a glass of drink on her, pushed her against a wall and onto the bed whilst yelling at her, causing bruising.
On a second occasion, O was upset that V was home late again. An argument broke out, and O stopped V from leaving the room and began insulting her and spitting in her face. O pushed her onto the bed, and used a Taser to shock her on the arm. O then threatened to shove his gun into her vagina. O was a prohibited person at the time.
Separately, O was seen driving a stolen vehicle while disqualified. Police searched O’s house and the stolen vehicle and discovered a pocket knife, the Taser, a stolen FitBit, a sawn-off shotgun and a box of .22 calibre rounds of ammunition.
A court made a final intervention order against O to protect V. O then breached the order by contacting V multiple times from prison, and by he and his mother contacting V to urge her to have the charges dropped, or to assist O in getting off the charges.
Context of family violence.
Offender – prior convictions for firearms and drug offences, 26 y male, drug use, billet, guarded prospects of rehabilitation
Samaras [2017] VCC 1948 / 15 December 2017 / Custodial / 43 months (3 years 7 months) imprisonment
NPP – 24 months (2 years)
$750 fine / Importation of Tier 2 goods (3 years 6 months)
Possession of an unregistered longarm (1 month)
Possession of unregistered handgun (1 month)
Possession of a silencer without a permit ($500 fine)
Failing to answer bail ($250 fine) / G / Offending – O was in a long-distance relationship with CO, who lived in America. CO sent three packages from America to O’s parents’ address, and O paid for CO to travel to Australia.
The packages were intercepted, and authorities discovered complete and working firearms and ammunition in each package.
Police searched O’s house and discovered six firearms and a suppressor. O was arrested, and while on bail O failed to appear at the Magistrates' Court.
Offender – prior convictions for drugs, firearms, dishonesty and driving offences, 49y male, depression, anxiety, drug use, family support, isolation in custody, protection in custody.
Falconer [2017] VCC 1596 / 1 November 2017 / Custodial / 24 months (2 years) imprisonment (release on RRO after 9 months)
15 months (1 year 3 months) RRO:
-$500 (surety)
-Good behaviour / Attempting to traffick prohibited firearms or firearm parts into Australia / G / Offending – O was communicating with two firearm suppliers via the Dark Web (FS1 and FS2). O arranged with FS1 to import some firearms and firearm parts, and was referred to FS2 as the Australian contact. FS2 was actually a police covert operative (PCO).
O arranged with FS2 to get ten Glocks with silencers, and expressed intention to traffick them as soon as possible. Ultimately, O agreed to purchase four Glocks, a suppressor, and four rounds of 9mm ammunition and paid $9,230 through bitcoin.
O then met another PCO, who purported to be a firearms supplier to discuss delivery. O arranged for PCO to put the weapons in his accomplice’s car, while he observed the delivery and drove off in a second car.
O did not take possession of the firearms and firearm part. High level of involvement.
Offender – prior convictions, subsequent charges in military disciplinary proceedings, imprisonment Verdins, male offender, serving member in military, high moral culpability, motivated by financial gain, depression, anxiety, physical condition, gastro-oesophageal reflux disorder, osteoarthritis, seborrheic keratosis, community involvement, character references, suicide attempt, post-traumatic stress disorder, extra-curial punishment in military disciplinary regime, excellent prospects of rehabilitation.
Persilski [2016] VCC 1609 / 31 October 2016 / Custodial / 16.34 months (497 days) (time served) / Prohibited person possess firearm; and
Affray (aggregate sentence – 497 days). / G (early) / Offending – Gunshots were fired outside co-offender’s home when O and friends were at premises. O and others went outside and confronted two men in a car. Someone in the group fired sawn-off shotgun twice into bonnet of car. The group ran inside and heard people shouting that the co-offender was dead. A car window was smashed and the people who were outside left. Short time later, O and co-offender drove in co-offender’s car. Car was pulled over and police located loaded 12 gauge double barrel sawn-off shotgun in front passenger seat footwell.
Offender – Prior affray convictions, subsequent convictions, PTSD, 34 y male, remorse, trauma in life, drug use, protective custody due to assistance provided regarding unrelated matter, lockdown remand conditions, delay, cessation of drug taking, prospect of employment, probably guarded rehabilitation prospects.
Lam[2017] VCC 474 / 12 April 2017 / Combination / 12 months (1 year) imprisonment (time served)
24 month (2 year) CCO:
- Drug assessment and treatment
Trafficking in a drug of dependence (x2) (3 months x2);
Manufacturing a firearm without a licence (x2) (3 months x2);
Possessing cartridge ammunition without a licence (x3) (aggregate sentence - $1000 fine);
Possessing a prohibited weapon ($500 fine) / G / Offending – O was involved in selling heroin and methylamphetamine to a police covert operative (PCO).
Over four transactions, sold a PCO a total of 0.415g of pure heroin (0.00166 x CQ) and around 2.58g of pure methylamphetamine (0.086 x CQ).
In each situation, O met the PCO and performed the transaction at either a public location or at O’s house.
During one of the transactions, O informed PCO that he also manufactured and trafficked pen pistols of various calibre and their ammunition, which he sold. He later sent PCO some photos and offered the pistols for sale, and also brought some examples to show her. PCO agreed to purchase some and made payments, as well as observing O’s manufacture of the pistols in his backyard. In total, O produced and sold a .22 pen pistol and a 9mm pen pistol, and four rounds of 9 mm ammunition.
Police searched O’s house and discoveredtwo rounds of ammunition, weapons manufacturing equipment, and a large dagger. Police also obtained further weapons manufacturing equipment from O’s associates.
Offender – moral culpability Verdins, General deterrenceVerdins, specific deterrence Verdins, imprisonment Verdins, motivated to support drug use, prior convictions for dishonesty and drug offences, lockdown, long-term physical injuries, drug use, intellectual impairment, high risk of general reoffending, low moral culpability
Seferovich
[2016] VCC 798
Offender 2 / 10 June 2016 / Combination / 5.88 months’ imprisonment (179 days)
(time served)
12 month CCO (1 year):
- drug assessment and treatment;
- offending behaviour programs; and
- supervision. / Prohibited person possess firearm (179 days’ imprisonment).
Possession of a drug of dependence;
Possession of cartridge ammunition; Fraudulently use number plates; and Use unregistered motor vehicle (on all offences – 1 year CCO). / G / Offending – O1 and O2 were observed by police in a vehicle. VicRoads check indicated vehicle was unregistered and registration plates of vehicle were registered to another vehicle. Vehicle was searched and police located 400 ml of 1.4 butanol and a baseball bat. In O1’s bag, police located knuckle dusters, large black knife, MDMA/ecstasy pills, glass pipe, notebook containing notes that the police alleges relate to the sale and purchase of drugs, $1195 in cash and a passport that was not in Os’ names. Police also searched toilet facility where Os had been and located loaded double-action revolver and 3 loose rounds of ammunition for the revolver. Possession of butanol not for trafficking. Type of offending reaching plague proportions within criminal justice system.
Offender 2 – Young offender (22 y), male, drug use, couch-surfing with bad peer group, actively participating in all programs provided by CISP, ongoing problems and in pain due to very serious motorcycle accident, employment opportunity, remorse, support of family and girlfriend, good rehabilitation prospects.
Corken [2016] VCC 1962 / 2 Dec 2016 / Combination / 3 months’ imprisonment
12 month CCO (1 year)
$1000 fine / Possessing an unregistered general category handgun x 2; and
Manufacturing a firearm x 2 (aggregate sentence - 3 months’ imprisonment and on all offences - 12 month CCO).
Possession of a drug of dependence x 3; Possessing cartridge ammunition without a license;
Possessing a prohibited weapon without exemption/approval x 4;
Storing an unauthorised explosive without approval; and
Possessing a Schedule 4 poison x 2 (aggregate sentence - $1000 fine). / G (early) / Offending – O worked as an electrical mechanic. Police intercepted a car O was driving, and found two.22 calibre home-made firearms inside a beanie. Police also located a pill case containing Valium, Lorazepam, Sildenafil and Periyazine pills. About 6 months later, police searched O’s home and found six metal firearm parts manufactured using metal bolts, which were capable of manufacturing two handguns capable of firing a .22 calibre bullet. Two .22 calibre rounds of ammunition were removed from each of the two firearms’ barrels. Police also found inside six rounds of .22 ammunition and two 9 calibre rounds of ammunition a Xanax bottle, two knuckle-dusters, seven metal throwing stars, one sling-shot, one double-edged knife and small firecrackers. Four out of the six .22 calibre cartridges were suitable for being used in all four of the pen pistols. Various other items were also found, including bolts, springs, metal hardware parts, template for a knuckle-duster and bat-like throwing object. At O’s work, police found bolts in similar appearance to those used for the firearms in O’s possession. O’s phone contained messages, over about 15 months, which referred to the exchange of weapons or to pen guns and cannons.
Offender – Prior dishonestyconvictions, 37 y male, motive said to be to trade home-made weapons for small quantities of drugs, productive life, using recreational drugs for some time, forced to resign from job, son 20 m, brother passed away when 25, support of family.
Glumac [2017] VCC 1775 / 27 November 2017 / CCO / 24 months (2 years) CCO:
-100 hours community work
$1000 fines / Possessing an unregistered general category handgun (rolled-up);
Possessing an unregistered Category C or Category D longarm x 2;
Negligently deal with proceeds of crime; and
Possessing an unregistered Category A or Category B longarm x 2 (on all offences – 2 years CCO)
Possessing silencers without a permit ($500 fine)
Failing to store cartridge ammunition in a secure manner ($500 fine) / G (early) / Offending – Police searched O’s house and discovered 52 firearms, fourteen of which O was not authorised to be in possession. These include a shotgun, four handguns, a stolen rifle, two other rifles, and six longarm firearms.
Police also discovered 16 homemade silencers which O did not have a permit for, and 17,500 rounds of cartridge ammunition, most of which was not stored in a secure manner.
O was not involved in any criminal activity, but had firearms for recreational and community use.
Offender – prior conviction for firearm offence, 50 y male, family support, alcohol use, community involvement, significant obsessive tendencies,impressive work history, remorse, good prospects of rehabilitation.
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