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These tables are intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

Possess more than Three Prohibited Firearms 
Section 51D(2) Firearms Act 1996

(2) A person who is in possession of more than 3 firearms any one of which is a prohibited firearm or pistol is guilty of an offence under this subsection if:

(a) the firearms are not registered, and

(b) the person is not authorised by a licence or permit to possess the firearms.

Maximum penalty - 20 years

Standard non-parole period (conviction entered or guilty plea taken on or after 1.1.2008) - 10 years 

Name
(age if known)

OffencePleaSentence at First InstanceResult on AppealSummary of RecordFacts

Middlebrook

(45)

[2004] NSWCCA 49

s.51D(2)

 

Sched:

7 offences

PG

4y

NPP 3y

AA

2y

NPP 12m

Nil relevant

Search of rural property found cannabis plants and firearms:

2 shotguns

2 rifles

telescopic scope

magazine

PVC canon

2 ammunition belts with ammunition

loaded SKK assault rifle magazine

All firearms unregistered – weapons kept for wild animals and kept in open shed

Cromarty

(61)

(2004) 144 A Crim R 515

s.51D(2)

 

 

 

Possess unreg firearm

 

Possess defaced firearm

 

Possess proh weapon

 

Possess shortened firearm

 

Sched:

2 offences

PG

(25%)

3y

NPP 2y

 

 

FT 12m PD

 

 

FT 8m PD

 

 

FT 16m PD

 

 

FT 16m PD

 

(all concurrent)

Crown AA

4y

NPP 2y

 

FT 2y

 

 

FT 18m

 

 

FT 16m

 

 

FT 16m

 

(all concurrent)

 

Weapons scattered throughout property – limited security – largest cache of weapons ever taken from individual:

35 prohibited weapons under Firearms Act

63 weapons prohibited under Weapons Act

103 unregistered firearms.

10 pistols with defaced serial number / id mark

2 shortened self-loading rifles.

2,850 cartridges of ammunition.

147 firearm parts.

7 silencers suitable for rifles and pistols.

s.51D offences involved possession:

4 machine guns

4 submachine guns

24 self-loading rifles

3 self-loading shotguns

Dealer and gunsmith with passion for weapons

Brown

[2006] NSWCCA 249

s.51D(2)

 

Sched:

6 offences

PG

(15%)

8y

NPP 5y

AA

(to restate sentence in correct form only)

Lengthy - dishonesty, property, drugs.

Warehouser of large number of prohibited weapons – buying and selling to criminals – weapons included:

16 pistols

Rifle

Revolver

calibre pistol

17 prohibited weapons

2 unregistered firearms

W. Mack

(42)

 

 

 

 

 

 

 

 

 

 

 

 

A. Mack

(45)

 

[2009] NSWCCA 216

s.51D(2)

 

 

 

Supply cannabis oil

 

 

Cultivate by enhanced indoor means

 

Sched:

Similar offences

 

s.51D(2)

 

 

Cultivate by enhanced indoor means

 

Sched:

Supply cannabis leaf

PG

(25%)

6y

NPP 3y

 

 

4y

NPP 2y

 

3y

NPP 18m

 

Total:

8y 6m

NPP 5y 6m

 

3y 3m

NPP 2y

 

3y

NPP 18m

 

Total:

4y 3m

NPP 3y

AA

6y

NPP 3y

 

4y

NPP 2y

 

3y

NPP 18m

 

Total:

7y 6m

NPP 4y 6m

 

12m

NPP 9m

 

3y

NPP 18m

 

Total:

3y 6m

NPP 2y

Nil

 

 

 

 

 

 

 

 

 

 

 

 

 

nil

SNPP 10 years

68 cannabis plants found growing in home of offenders – 183.6g cannabis oil - large number of firearms found on property – both offenders held current shooter's licences

W Mack (male) - dealt with for 5 firearms – revolvers and shortened rifles – long interest in guns – member of pistol club – some weapons used for controlling feral animals – no evidence of criminal misuse – firearms not stored properly – lower midrange

A Mack (female) – lesser offender

Herod

[2010] NSWCCA 17

s.51D(2)

 

Supply prohibited drug

 

Proceeds of crime

 

Sched:

Two offences

PG

(25%)

FT 6m

 

4y

NPP 2y

 

FT 18m

 

Total

4y 3m

NPP 2y 3m

ADDrug offence

SNPP 10 years

Found in possession of over 50g methamphetamine in house – also found in possession of $24,000 and firearms found in shed

Sterling .22 calibre rifle

open packet of .22 bullets or cartridges

Lithgow .22 rifle with scope

dismantled .22 stock and barrel

Gecado brand air rifle, loaded and cocked

other point 22 calibre ammunition

air rifle pellets

Previously held firearms licence

Basedow

(46)

[2010] NSWCCA 76

s.51D(2)

PG

(25%)

3y

NPP 2y

ADUnauthorised possession of firearms in 1999

SNPP 10 years

Firearms not secured – collector – no ammunition for most of the firearms – no interest in using the firearms – low range of objective gravity

Winchester 1892 repeating rifle

Winchester model 70 repeating rifle

Homemade pistol

Bulldog .450 calibre revolver

Browning .22 calibre self-loading rifle

Marlin .22 calibre self-loading rifle with a silencer

Yammine

(25)

[2010] NSWCCA 123

s.51D(2)

 

Mal wound

 

Sched:

23 offences including weapons offences

PG

6y 9m

NPP 3y 6m

 

3y 4m

NPP 2y 3m

 

Total:

9y

NPP 5y 9m

ADInsignificant

Police located 7 firearms during search – was member of bikie group – police surveillance revealed firearms to be used in possible altercation with another bike group.

Firearms included:

loaded prohibited pistol with magazine attached

loaded revolver

loaded handgun with magazine

spare magazine containing seven rounds

handgun with empty magazine

non-working assault rifle

Beretta handgun containing magazine with eight rounds

Chinese assault rifle.

Serious offence – above middle-range - malicious wounding unrelated matter.

Mahmud

(26)

[2010] NSWCCA 219

s.51D(2)

 

 

 

Supply lge comm qty prohibited drug

 

Sched:

Firearms offences

PG

(17.5% on appeal)

3y 6m

NPP 2y 6m

 

 

6y 6m

NPP 3y 6m

 

Total:

7y 6m

NPP 4y 6m

Crown AA

5y

NPP 3y 9m

 

9y

NPP 6y 6m

 

Total:

10y

NPP 7y 6m

record

SNPP 10 years

Two single shot bolt firearms and a 25 mm self-loading pistol loaded with five rounds found at house – also found in possession of knives, taser gun and ammunition – 1.78kg methylamphetamines found in freezer – firearm fetish – firearms offences below mid-range

Mezzadri

(54)

[2011] NSWCCA 125

s.51D(2)

 

Sched:

Firearm and ammunition offence

PG

(25%)

1y 10m suspendedCrown ADNil

SNPP 10 years

Possessed eight firearms - four prohibited - none registered – appellant unlicensed – shotgun, rifles and imitation self-loading pistol – not in working order – ammunition did not relate to firearms – old weapons

Good character

Dionys

 

(58)

[2011] NSWCCA 272

s.51D(2)

 

 

 

s.51B(1) – selling firearms on ongoing basis

 

Sched:

179 offences including possession 89 firearms

PG

(25%)

12y

NPP 7y 6m

 

 

9y

NPP 5y6m

 

Total:

15y

NPP 10y 6m

AA

12y

NPP 7y 6m

 

9y

NPP 5y6m

 

Total:

13y

NPP 8y 6m

limited

SNPP 10 years

Sold four mauser pistols and Bren machine gun to undercover police operative – large arsenal of firearms found in storage unit – large scale operation dealing with illegal weapons – slightly above mid-range

Poor health

Taylor

(40)

[2013] NSWCCA 157

s.51D(2)

 

 

Possess prohibited weapons

 

Proceeds of crime

PG (10%)

7y 6m

NPP 4y

 

5y

NPP 3y

 

5y

NPP 3y

 

Total:

7y 6m

NPP 4y

AA

only to adjust commencement dates

Record – breached good behaviour bond

SNPP 10 years

Possessed 30 firearms - 13 prohibited – included 3 pistols, 2 crossbows and a Taser-like device - not stored safely - two of the firearms were stolen

Also dealt with for offences of dishonesty, domestic violence and possessing endangered animals - total sentence 12y NPP 8y 6m.

Lachlan

(19)

[2015] NSWCCA 178

s.51D(2)

 

 

 

Possess prohibited weapons

 

Sched:

8 offences

PG

(25%)

3y

NPP 2y

 

 

FT 1y

(concurrent)

Crown AA

5y 3m

NPP 3y

 

FT 1y

(concurrent)

Firearms offences.  On bond.

SNPP 10 years

Weapons kept for the purpose of financial gain - engaged in dealing in weapons - weapons also for recreational use - police located 4 firearms at offender's premises:

shortened .22 rifle (magazine contained 15 rounds)

shortened single barrel shotgun

shortened double barrel shotgun

loaded and shortened single barrel 410 shotgun

stun gun (prohibited weapon)

Schedule offences included stun gun; baton; tasers; knuckledusters, ammunition, firearms magazines, firearm bolt, knife and two balaclavas, two paintball guns

Cornish

(38)

[2015] NSWCCA 256

s.51D(2)

 

 

Supply cannabis leaf

 

Cultivate cannabis

 

2 x possess proh drug

 

Possess ammo

 

Possess crossbow

 

Proceeds

PG

(25%)

Indicative

5y

 

3y

 

9m

 

 

FT 1m

 

 

s.10A

 

FT 6m

 

FT 9m

 

Agg

6y

NPP 3y 6m

ADRecord includes drugs offences

SNPP 10 years

Stopped by police while driving to airport – found in possession of small amounts of drugs and money – subsequent search of house located 7.58kg cannabis – some for personal use – involved in business of supply – 23 cannabis plants – firearms for recreational use also found:

.22 calibre self-loading rim fire rifle

.22 calibre bolt action rifle with silencer

.308 calibre bolt action rifle with no stock

.410 calibre double barrel shotgun

4 x 12 gauge single barrel shotgun

Suffering chronic and severe schizophrenia – self treats with cannabis

El Jamal

(29)

[2017] NSWCCA 243

s.51D(2)

 

Sched:

5 x offences (possess ammo and weapons)

PG

(15%)

6y 9m

NPP 4y 5m

 Record includes assault police and intimidation – breached bail

SNPP 10 years

Storeman of weapons found in possession:

Shortened .22 calibre Winchester Model 69 bolt action repeating rifle

Homemade .22 calibre single shot pen gun

6mm airsoft calibre Galaxy model G6 repeating pistol

Small silver 6.35mm calibre Webley and Scott model hammerless self-loading pocket pistol

Possession for short time – offence fractionally below mid-range

Genuine remorse – addiction to drugs at time of offending – family support

Last updated: 12/10/2017

 

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